Doeblers PA Hybrids v. Doebler

Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 5-5-2006 Doeblers PA Hybrids v. Doebler Precedential or Non-Precedential: Precedential Docket No. 04-3848 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "Doeblers PA Hybrids v. Doebler" (2006). 2006 Decisions. Paper 1009. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1009 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 04-3848 DOEBLERS’ PENNSYLVANIA HYBRIDS, INC. v. TAYLOR DOEBLER, III, an individual; DOEBLER SEEDS LLC d/b/a T.A. Doebler Seeds, Defendants/Third-Party Plaintiffs v. WILLARD L. JONES; WILLIAM R. CAMERER, III, Third-Party Defendants Taylor Doebler, III, an individual, and Doebler Seeds LLC d/b/a T.A. Doebler Seeds, Appellants On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 03-cv-01079) District Judge: Honorable James F. McClure, Jr. Argued June 30, 2005 Before: NYGAARD,* SMITH, and FISHER, Circuit Judges. SECOND ORDER AMENDING OPINION IT IS HEREBY ORDERED that the opinion in the above case, filed March 23, 2006, be amended as follows: Pages 49-50, the sentence following footnote 27, the phrase “the same variety name as defendants” is replaced with the phrase “the same variety name as plaintiff” so that the sentence reads, in pertinent part: “If defendants are required by the Federal Seed Act to use the same variety name as plaintiff when selling the same hybrid of corn seed . . . .” By the Court, /s/ D. Michael Fisher Circuit Judge Dated: May 5, 2006 * Judge Richard L. Nygaard assumed senior status on July 9, 2005. 2