Pittsburgh Logistics Systems, Incorporated v. Wheeling-Nisshin, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2516
PITTSBURGH LOGISTICS SYSTEMS, INCORPORATED,
Plaintiff - Appellant,
versus
WHEELING-NISSHIN, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CA-04-85-5)
Argued: May 25, 2005 Decided: June 30, 2005
Before WILLIAMS, MICHAEL, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: Johnson Wayne Gabhart, THAXTON & JOHNSTONE, L.L.P.,
Charleston, West Virginia, for Appellant. Ellen Lindsay Maxwell-
Hoffman, Anthony Paul Tokarz, BOWLES, RICE, MCDAVID, GRAFF & LOVE,
P.L.L.C., Charleston, West Virginia, for Appellee. ON BRIEF:
Charles M. Johnstone, II, THAXTON & JOHNSTONE, L.L.P., Charleston,
West Virginia, for Appellant.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
In 2002 Pittsburgh Logistics Systems, Inc. (Pittsburgh
Logistics) submitted a proposal to Wheeling-Nisshin, Inc.
(Wheeling-Nisshin) to manage Wheeling-Nisshin’s product
transportation logistics. Wheeling-Nisshin rejected the proposal,
and Pittsburgh Logistics claims that Wheeling-Nisshin
misappropriated trade secrets and proprietary information contained
in the proposal. Pittsburgh-Logistics sued Wheeling-Nisshin,
contending among other things that Wheeling-Nisshin violated the
West Virginia Uniform Trade Secrets Act, W. Va. Code Ann. §§ 47-22-
1 to 10. The district court granted summary judgment to Wheeling-
Nisshin, holding that Pittsburgh Logistic’s proposal did not
contain any information that was a trade secret under the West
Virginia Act. Pittsburgh Logistics appeals. After considering the
briefs, the joint appendix, and the arguments of counsel, we find
no error. Accordingly, we affirm on the reasoning of the district
court. See Pittsburgh Logistics Systems, Inc. v. Wheeling-Nisshin,
Inc., civ. action no. 5:04CV85 (N.D. W. Va. Nov. 4, 2004).
AFFIRMED

-- 2 of 2 --