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ATLANTIC THERMOPLASTICS CO. v. FAYTEX CORP.

Nos. 91-1076, 91-1095.

974 F.2d 1279 (1992)

ATLANTIC THERMOPLASTICS CO., INC., James B. Sullivan and Richard B. Fox, Plaintiffs-Appellants, v. FAYTEX CORPORATION, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

August 14, 1992.

Attorney(s) appearing for the Case

Jack R. Pirozzolo, Willcox, Pirozzolo & McCarthy, Boston, Mass., argued, for plaintiffs-appellants. With him on the brief, was Richard L. Binder.

Anthony M. Lorusso, Lorusso & Loud, Boston, Mass., argued, for defendant, cross-appellant. With him on the brief, was Thomas M. Sanders. Of counsel were John F. Bomster, Alder, Pollock & Sheehan, Inc., Providence, R.I. and George A. Loud, Arlington, Va.

Prior report: 970 F.2d 834.

ON REQUEST FOR REHEARING IN BANC

NIES, Chief Judge, dissenting from the denial of rehearing in banc.

Having requested that a poll of the active circuit judges be taken on whether the appeal should be reheard in banc, and a majority not so voting, I dissent from the denial of in banc consideration. I express no opinion on the merits.

RICH, Circuit Judge, dissenting from the denial...

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