Babcock & Wilcox Company v. Cormetech, Inc.


OPINION and JUDGMENT filed : The summary judgment rulings on both claims against Cormetech, Inc. are VACATED and the case is REMANDED. Decision for publication. David W. McKeague (AUTHORING), Richard Allen Griffin (CONCURRING IN PART AND DISSENTING IN PART), and Raymond M. Kethledge (CONCURRING IN PART AND IN THE JUDGMENT), Circuit Judges.

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Case: 16-3305 Document: 33-3 Filed: 02/15/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 16-3305 THE BABCOCK & WILCOX COMPANY, Plaintiff - Appellant, FILED Feb 15, 2017 DEBORAH S. HUNT, Clerk v. CORMETECH, INC., Defendant - Appellee. Before: McKEAGUE, GRIFFIN, and KETHLEDGE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Akron. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION THEREOF, and for the reasons more fully set forth in the opinion of even date, it is ORDERED that the district court’s summary judgment rulings on both claims against Cormetech, Inc. are VACATED, and the case is REMANDED for further proceedings. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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