
    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.
    No. 2008-1399.
    United States Court of Appeals, Federal Circuit.
    Dec. 4, 2008.
    Rehearing and Rehearing En Banc Denied Jan. 15, 2009.
    Robert G. Oake, Jr., Oake Law Office, of Allen, TX, argued for plaintiff-appellant.
    Chris Flood, Flood & Flood, of Houston, TX, for defendani/third party plaintiff-appellee.
    John R. Emerson, Haynes and Boone, LLP, of Dallas, TX, argued for third party defendant-appellee. With him on the brief was William D. White.
    LOURIE, SCHALL, and PROST, Circuit Judges.
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  