B & B Hardware v. Hargis Industries, et al


OPINION FILED - THE COURT: James B. Loken, Steven M. Colloton and Bobby E. Shepherd AUTHORING JUDGE:Bobby E. Shepherd (PUBLISHED), DISSENT BY: Steven M. Colloton [4031189] [10-3137, 11-1247]

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United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room 24.329 St. Louis, Missouri 63102 VOICE (314) 244-2400 FAX (314) 244-2780 www.ca8.uscourts.gov Michael E. Gans Clerk of Court May 01, 2013 Mr. Timothy James Cullen CULLEN & COMPANY 217 W. Second Street P.O. Box 3255 Little Rock, AR 72203-0000 RE: 10-3137 B & B Hardware v. Hargis Industries, et al 11-1247 B & B Hardware v. Hargis Industries, et al Dear Counsel: The court has issued an opinion in these case. Judgment has been entered in accordance with the opinion. The opinion will be released to the public at 10:00a.m. today. Please hold the opinion in confidence until that time. Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on postsubmission procedure to ensure that any contemplated filing is timely and in compliance with the rules. Note particularly that petitions for rehearing and petitions for rehearing en banc must be received in the clerk's office within 14 days of the date of the entry of judgment. Counsel-filed petitions must be filed electronically in CM/ECF. Paper copies are not required. No grace period for mailing is allowed, and the date of the postmark is irrelevant for pro-se-filed petitions. Any petition for rehearing or petition for rehearing en banc which is not received within the 14 day period for filing permitted by FRAP 40 may be denied as untimely. Michael E. Gans Clerk of Court JPP Enclosure(s) cc: Mr. H. William Allen Mr. Roger N. Behle Jr. Ms. Debra Elaine Gunter Ms. Susan J Hightower Mr. Jim McCormack Mr. Bruce Emil Munson Mr. Barry Clifford Snyder Mr. Brooks C. White Mr. Herbert A. Yarbrough III Appellate Case: 10-3137 Page: 1 Date Filed: 05/01/2013 Entry ID: 4031189 District Court/Agency Case Number(s): 4:06-cv-01654-SWW 4:06-cv-01654-SWW Appellate Case: 10-3137 Page: 2 Date Filed: 05/01/2013 Entry ID: 4031189

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