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MINNESOTA MINING & MFG. CO. v. UNITED STATES RUBBER CO.

Nos. 8048, 8049.

279 F.2d 409 (1960)

MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation of Delaware, Appellant, v. UNITED STATES RUBBER COMPANY, a corporation of New Jersey; Lowder Hardware Company, Inc., a corporation of North Carolina; and E. Walker Duvall, d/b/a Rockingham Hardware Company, Appellees. MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation of Delaware, Appellant, v. GOODYEAR TIRE AND RUBBER COMPANY, Inc., a corporation of Delaware, and Carolina Tire Company of Thomasville, North Carolina, Inc., a corporation of North Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 16, 1960.

Attorney(s) appearing for the Case

Estill E. Ezell, St. Louis, Mo. (Welch Jordan, Greensboro, N. C., Harold J. Kinney, St. Paul, Minn., Merville K. Hobbs, Winter Park, Fla., and Charles H. Lauder, St. Paul, Minn., on brief), for appellant.

Hector M. Holmes, Boston, Mass. (Thornton H. Brooks, Greensboro, N. C., and William W. Rymer, Jr., Boston, Mass., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

The appeals in these two cases bring before us again United States Reissue Patent No. 23,843 for an adhesive insulating tape issued to R. J. Oace and others, assignors to Minnesota Mining and Manufacturing Company, which we considered initially, and on rehearing in Sears, Roebuck & Co. v. Minnesota Mining & Mfg. Co., 243 F.2d 136 and 249 F.2d 66. The trial court in the...

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