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PLYMOUTH RUBBER CO. v. MINNESOTA MINING & MFG. CO.

Nos. 6040, 6042.

321 F.2d 151 (1963)

The PLYMOUTH RUBBER COMPANY, Inc., Plaintiff, Appellant, v. MINNESOTA MINING AND MANUFACTURING COMPANY, Defendant, Appellee. MINNESOTA MINING AND MANUFACTURING COMPANY, Defendant, Appellant, v. The PLYMOUTH RUBBER COMPANY, Inc., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

July 15, 1963.

Attorney(s) appearing for the Case

Hector M. Holmes, Boston, Mass., for appellant.

H. L. Kirkpatrick, Boston, Mass., with whom William W. Rymer, Boston, Mass., was on the brief, for Plymouth Rubber Co., Inc.

Edward A. Haight, Chicago, Ill., with whom John M. Harrington, Jr., Boston, Mass., Harold J. Kinney, Stanley G. De La Hunt, St. Paul, Minn., and Ropes & Gray, Boston, Mass., were on the brief, for Minnesota Mining & Manufacturing Co.

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

WOODBURY, Chief Judge.

This is another chapter in what the court below aptly called a "litany of litigation" over Reissue Patent No. 23,843 dated June 29, 1954, of original Patent No. 2,559,990 for "Insulating Tape" issued on July 10, 1951, to Oace and others and by them assigned to Minnesota Mining and Manufacturing Company, a Delaware corporation of St. Paul, Minnesota. Once ferreted out the determinative issue on these appeals becomes relatively simple. But to...

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