NOTE: This disposition is nonprecedential.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from: United States District Court for the Northern District of Texas Judge Ed Kinkeade NOTE: This disposition is nonprecedential.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