NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1014, -1035 ALLAN BLOCK CORPORATION, Plaintiff-Appellant, v. E. DILLON & COMPANY, Defendant-Cross Appellant.

Darren B. Schwiebert, Fredrikson & Byron, P.A., of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were Kurt J. Niederluecke, James R. Mayer, and Laura L. Myers.

Wyatt B. Durrette, Jr., DurretteBradshaw PLC, of Richmond, Virginia, argued for defendant-cross appellant. With him on the brief were Barrett E. Pope, Christine A.

Williams, and Halliday Moncure Merrick.

Appealed from: United States District Court for the District of Minnesota Judge Joan N. Ericksen NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1014, -1035

ALLAN BLOCK CORPORATION, Plaintiff-Appellant, v. E. DILLON & COMPANY, Defendant-Cross Appellant.

Judgment ON APPEAL from the United States District Court for the District of Minnesota in CASE NO(S). 04-CV-3511 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (MICHEL, Chief Judge, MOORE, Circuit Judge, and O’GRADY*, District Judge).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED August 13, 2008 /s/ Jan Horbaly Jan Horbaly, Clerk

* Honorable Liam O’Grady, District Judge, United States District Court for the Eastern District of Virginia, sitting by designation.