NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-1399

RFR INDUSTRIES, INC.,

Plaintiff-Appellant,

v.

REX-HIDE INDUSTRIES, INC.,

Defendant/Third Party Plaintiff-

Appellee,

v.

CENTURY STEPS, INC.

(doing business as Century Precast),

Third Party Defendant-Appellee.

Robert G. Oake, Jr., Oake Law Office, of Allen, Texas, argued for plaintiff- appellant.

Chris Flood, Flood & Flood, of Houston, Texas, for defendant/third party plaintiff- appellee.

John R. Emerson, Haynes and Boone, LLP, of Dallas, Texas, argued for third party defendant-appellee. With him on the brief was William D. White. Appealed from: United States District Court for the Northern District of Texas Judge Ed Kinkeade

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-1399

RFR INDUSTRIES, INC.,

Plaintiff-Appellant,

v.

REX-HIDE INDUSTRIES, INC.,

Defendant/Third Party Plaintiff-

Appellee,

v.

CENTURY STEPS, INC.

(doing business as Century Precast),

Third Party Defendant-Appellee.

Judgment ON APPEAL from the United States District Court for the Northern District of Texas in CASE NO(S). 3:02-CV-1444. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (LOURIE, SCHALL, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED December 4, 2008 /s/ Jan Horbaly

Jan Horbaly, Clerk