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SUPER SACK MFG. CORP. v. CHASE PACKAGING CORP.

No. 95-1001.

57 F.3d 1054 (1995)

SUPER SACK MANUFACTURING CORPORATION, Plaintiff-Appellee, v. CHASE PACKAGING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 15, 1995.

Attorney(s) appearing for the Case

Kay Lyn Schwartz, Gardere & Wynne, L.L.P., Dallas, TX, argued for plaintiff-appellee. With her on the brief was Michael A. O'Neil.

James L. Kurtz, Dorn, McEachran, Jambor & Keating, Chicago, IL, argued for defendant-appellant. With him on the brief was Vangelis Economou.

Before MICHEL, Circuit Judge, SMITH, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

MICHEL, Circuit Judge.

Chase Packaging Corporation (Chase) appeals from the September 1, 1994 order of the U.S. District Court for the Northern District of Texas, No. 3:88-CV-1963-P, dismissing the case with prejudice for lack of a reasonable apprehension of a future infringement suit after Super Sack Manufacturing Corporation (Super Sack) withdrew its infringement allegations, and denying Chase's motion to amend its pleadings to include a declaratory judgment counterclaim...

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