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DP WAGNER MFG. INC. v. PRO PATCH SYSTEMS, INC.

Civil Action No. H-04-4610.

434 F.Supp.2d 445 (2006)

DP WAGNER MANUFACTURING INC., Plaintiff, v. PRO PATCH SYSTEMS, INC. and Marshalltown Company a/k/a Marshalltown Trowel Company, Defendants.

United States District Court, S.D. Texas, Houston Division.

April 21, 2006.

Attorney(s) appearing for the Case

Eleanor Sanborn Tyler, Locke Liddell et al, Houston, TX, for Plaintiff.

John C. Filosa, Baker & McKenzie, Chicago, IL, David A Brakebill, Elias Mark, Baker & McKenzie, Houston, TX, for Defendants.

Robert J. McAughan, Jr., Locke Liddell and Sapp, Houston, TX, David I. Roche, Baker & McKenzie LLP, Chicago, IL.

MEMORANDUM AND ORDER

WERLEIN, District Judge.

Pending is Plaintiff DP Wagner Manufacturing Inc.'s Motion for Partial Summary Judgment (Document No. 27). After carefully considering the motion, response, reply and the applicable law, the Court concludes as follows:

I. Background

Plaintiff DP Wagner Manufacturing Inc. ("DP Wagner") asserts against Defendant Pro Patch Systems, Inc. ("Pro Patch") claims of false marking under...

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