Kinney Shoe Corp. v. Polan

William David Levine, St. Clair and Levine, Huntington, West Virginia, for Plaintiff-Appellant.

D. C. Offutt, Jr., argued (John M. Poma, on brief), Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, West Virginia, for Defendant-Appellee. Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, West Virginia, for Defendant-Appellee.

Hall, Circuit Judge, Chapman, Senior Circuit Judge, and Ward, Senior United States District Judge for the Middle District of North Carolina, sitting by designation. Senior Judge Chapman wrote the opinion, in which Judge Hall and Senior Judge Ward joined.