This section contains the nature of the case and procedural background.

D began considering the possibility of using returnable containers to ship its products P was a new company that wanted to produce such containers. P and CAPS Logistics conducted a 'reverse logistics analysis' of D's shipping needs. That work was done based on an agreement, prepared by P, between it and D that was entitled 'Mutual Non-Disclosure Agreement--Logistics Consulting Version.' D then requested proposals from nine firms, including P. D accepted none of the proposals. A few years later it designed a returnable container and began using containers manufactured by a firm to which it had given the design. P claims that D's design was based on the design that it had submitted to D in response to the request for proposals. D moved for summary judgment, and it was granted. P appealed.

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