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HALLCO MFG. CO., INC. v. FOSTER

No. 99-1458.

256 F.3d 1290 (2001)

HALLCO MANUFACTURING CO., INC., Plaintiff/Counterclaim, Defendant-Appellee, and Olof A. Hallstrom, Counterclaim Defendant-Appellee, v. Raymond Keith FOSTER, Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 6, 2001.

Attorney(s) appearing for the Case

John W. Stephens, Esler, Stephens, & Buckley, of Portland, Oregon, filed a petition for panel rehearing for plaintiff/counterclaim defendant-appellees. With him on the brief was Michael J. Esler.

Delbert J. Barnard, Barnard & Pauly, P.S., of Seattle, WA, filed a response for defendant/counterclaimant-appellant.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and SCHALL, Circuit Judge.

ORDER

PLAGER, Senior Circuit Judge.

The Petition for Rehearing is GRANTED, for the limited purpose of addressing several factual issues. The original opinion is withdrawn and replaced with the attached revised opinion. The outcome is unchanged.

OPINION

In this patent case, Hallco Manufacturing Co. filed a declaratory judgment action seeking a judicial determination that its redesigned reciprocating conveyers did not infringe U.S...

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