Opinion
Nos. 2010-1336, 2010-1356.
April 6, 2011.
Appeal from the United States District Court for the Western District of Pennsylvania in No. 07-CV-0251, Gary L. Lancaster, Chief Judge.
Frederick L. Whitmer, Kilpatrick Stockton, LLP, of New York, NY, argued for plaintiff-cross appellant. Of counsel on the brief were Lynn J. Alstadt and Ralph G. Fischer, Buchanan Ingersoll Rooney, PC, of Pittsburgh, PA.
Arne M. Olson, Olson Cepuritis, Ltd., of Chicago, IL, argued for defendant-appellant. With him on the brief were David I. Roche, Baker McKenzie, LLP, of Chicago, IL. Of counsel on the brief were Joseph M. Kuo and Matthew D. Kellam, Olson Cepuritis, Ltd., of Chicago, IL.
GAJARSA, MAYER, and O'Malley, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.