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NORTON CO. v. CARBORUNDUM CO.

Nos. 75-1309, 75-1310.

530 F.2d 435 (1976)

NORTON COMPANY, Appellant-Cross Appellee, v. CARBORUNDUM COMPANY, Appellee-Cross Appellant.

United States Court of Appeals, First Circuit.

Decided February 3, 1976.

As Amended February 23, 1976.

Attorney(s) appearing for the Case

Allen Kirkpatrick, Washington, D.C., with whom Kevin E. Joyce, Cushman, Darby & Cushman, Washington, D.C., Joseph L. Cotter, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for Norton Co.

William H. Webb, Pittsburgh, Pa., with whom John M. Webb, Pittsburgh, Pa., John M. Hall, Boston, Mass., Webb, Burden, Robinson & Webb, P.A., Pittsburgh, Pa., and Choate, Hall & Stewart, Boston, Mass., were on brief, for Carborundum Co.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

This is a patent infringement action brought by Norton Company ("Norton"), appellant and cross-appellee, against Carborundum Company ("Carborundum"), appellee and cross-appellant.1 Both parties are large manufacturers of industrial abrasives, and this litigation involves several of their product lines. At issue is patent No. 3,181,939 ("the '939 patent"),2 which deals with fused alumina...

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