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CHICOPEE MANUFACTURING CORP. v. KENDALL COMPANY

No. 8203.

288 F.2d 719 (1961)

CHICOPEE MANUFACTURING CORPORATION, Appellee, v. KENDALL COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 28, 1961.

Attorney(s) appearing for the Case

Hector M. Holmes, Boston, Mass. (F. Dean Rainey, Greenville, S. C., H. L. Kirkpatrick and Edgar H. Kent, Boston, Mass., on brief), for appellant.

Floyd H. Crews, New York City (Wyche, Burgess & Wyche, Alfred F. Burgess, Greenville, S. C., Darby & Darby, Harvey W. Mortimer, New York City, and Charles A. Harris, Cheraw, S. C., on brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This case involves the validity and infringement of United States Patent No. 2,691,391 and Reissue Patent No. 24,139 for noncorrugating textile fabric that has been used primarily for the manufacture of babies diapers. The original patent was issued to Jamison and Yates, assignors to Chicopee Manufacturing Company, the plaintiff in this case, on October 12, 1954, upon an application filed June 18, 1951, and the patent was reissued on April 10...

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