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JOHNSON AND JOHNSON v. CAROLINA LEE KNITTING CO.

Civ. 982-G.

173 F.Supp. 73 (1959)

JOHNSON AND JOHNSON, a corporation, James J. Purcell, Frank C. Beacham, and Lititz Knitting Company, a corporation, Plaintiffs v. CAROLINA LEE KNITTING CO., Inc., a corporation, Defendant.

United States District Court M. D. North Carolina.

May 20, 1959.

Attorney(s) appearing for the Case

Long, Ridge, Harris & Walker, Graham, N. C., for plaintiffs, Olson, Mecklenburger, von Holst, Pendleton & Neuman, Thorley von Holst, Sidney Neuman and Robert L. Austin, Chicago, Ill., of counsel.

Sapp & Sapp, Greensboro, N. C., Paul & Paul, Philadelphia, Pa., for defendant.

HAYES, District Judge.

This case was before this court which held the Purcell Patent valid but not infringed, D.C., 155 F.Supp. 414. On appeal the Circuit Court considered some evidence on infringement which was not before the trial court and remanded the case, stating that "in a close case, such as this, should the District Judge be afforded an opportunity to weigh the additional evidence and to reappraise his findings in the...

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