MINNESOTA MINING AND MANUFACTURING CO. v. NORTON CO.

No. 16592.

366 F.2d 238 (1966)

MINNESOTA MINING AND MANUFACTURING COMPANY, Plaintiff-Appellant, v. NORTON COMPANY, Studebaker-Packard Corporation, and Hadco Corporation, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

September 13, 1966.


Attorney(s) appearing for the Case

Thomas V. Koykka, Cleveland, Ohio, Edward A. Haight, Chicago, Ill., for appellant, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, Haight, Simmons & Hofeldt, Chicago, Ill., Harold J. Kinney, Stanley G. DeLaHunt, Carpenter, Kinney & Coulter, St. Paul, Minn., on the brief.

John W. Malley and Allen Kirkpatrick, Washington, D. C., for appellees, George H. Rudolph, Eben Cockley, Jones, Day, Cockley & Reavis, Cleveland, Ohio, Donald C. Alexander, William P. Streng, Taft, Stettinius & Hollister, Cincinnati, Ohio, Carl G. Love, William K. West, Jr., Cushman, Darby & Cushman, Washington, D. C., Hugh E. Smith, Troy, N. Y., on the brief.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.


O'SULLIVAN, Circuit Judge.

This is an appeal by Minnesota Mining and Manufacturing Company (referred to herein as Minnesota) from a summary judgment which dismissed its suit against appellees, Norton Company, Studebaker-Packard Corporation and Hadco Corporation (referred to herein collectively as Norton) for infringement of a Minnesota patent. The dismissal was bottomed upon the District Judge's conclusion that Minnesota's act of filing several applications for foreign...

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