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UNISTRUT CORPORATION v. POWER

Nos. 5541, 5542.

280 F.2d 18 (1960)

UNISTRUT CORPORATION et al., Plaintiffs, Appellants, v. James F. POWER et al., Defendants, Appellees. James F. POWER et al., Defendants, Appellants, v. UNISTRUT CORPORATION et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

June 30, 1960.

Attorney(s) appearing for the Case

Cedric W. Porter, Boston, Mass., with whom Roscoe O. Bonisteel, Ann Arbor, Mich., Porter, Chittick, & Russell, Boston, Mass., and Bonisteel & Bonisteel, Ann Arbor, Mich., were on brief, for Unistrut Corp. et al.

Arthur D. Thomson, Boston, Mass., with whom Edward R. Bonitz, Belmont, Mass., was on brief, for James F. Power et al.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is a diversity action brought by Unistrut Corporation, hereinafter called plaintiff, a Michigan corporation, and its principal officer, Charles W. Attwood. The defendants are James F. Power, a citizen of Massachusetts, hereinafter called defendant, and Power Products Company, Inc., his New England distributor. The complaint charges (1) unfair competition; (2) infringement of Patent No. 2,345,650, issued to Attwood on April 4, 1944, and...

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