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ALAMANCE INDUSTRIES, INC. v. FILENE'S

No. 5781.

291 F.2d 142 (1961)

ALAMANCE INDUSTRIES, INC., et al., Plaintiffs, Appellants, v. FILENE'S, Defendant, Appellee.

United States Court of Appeals First Circuit.

May 24, 1961.

Attorney(s) appearing for the Case

Charles F. Choate, Boston, Mass., with whom Joseph C. Cressy, Jr., Boston, Mass., was on the brief, for appellants.

W. R. Hulbert, Boston, Mass., with whom Edgar H. Kent, Martin Kirkpatrick, and Coleman T. Bahn, Boston, Mass., were on the brief, for appellee.

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

ALDRICH, Circuit Judge.

This appeal, involving unsuccessful attempts by a plaintiff to dismiss prior to trial under Fed.R.Civ.P. 41(a) (2), 28 U.S.C., requires an extensive examination of the factual background. Plaintiff-appellant Alamance Industries, Inc., and two other plaintiffs, all North Carolina corporations hereinafter collectively called Alamance, are owners of, and manufacturers under, the so-called Bird patent, No. 2,841,971, issued July 8, 1958. The patent...

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