Babcock & Wilcox Company v. Cormetech, Inc.

Filing

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.

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