Static Control Components, Inc v. Lexmark International, Inc.

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OPINION and JUDGMENT filed: The district court's dismissal of Static Control's claims under the Latham Act and certain claims under North Carolina state law is REVERSED, and the case is REMANDED. The district court's judgment on all other claims and its dismissal of Static Control's federal antitrust claims are AFFIRMED. Decision for publication pursuant to local rule 206. Damon J. Keith, Danny J. Boggs, and Karen Nelson Moore (AUTHORING), Circuit Judges. [09-6287, 09-6288, 09-6449]

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Case: 09-6287 Document: 006111416314 Filed: 08/29/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nos. 09-6287/6288/6449 Aug 29, 2012 STATIC CONTROL COMPONENTS, INC., Plaintiff - Appellant/Cross - Appellee, LEONARD GREEN, Clerk v. LEXMARK INTERNATIONAL, INC., Defendant - Appellee/Cross - Appellant. Before: KEITH, BOGGS, and MOORE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s dismissal of Static Control’s claims under the Latham Act and certain claims under North Carolina state law is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. IT IS FURTHER ORDERED that the district court’s judgment on all other claims and its dismissal of Static Control’s federal antitrust claims are AFFIRMED. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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