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MORPUL, INC. v. GLEN RAVEN KNITTING MILL, INC.

No. 10009.

357 F.2d 732 (1966)

MORPUL, INC., Appellant, v. GLEN RAVEN KNITTING MILL, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 2, 1966.

Attorney(s) appearing for the Case

Jack W. Floyd, Greensboro, N. C. (Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellant.

Thomas B. Van Poole and Charles R. Fenwick, Washington, D. C. (Thornton H. Brooks and McLendon, Brim, Holderness & Brooks, Greensboro, N. C., and Mason, Fenwick & Lawrence, Washington, D. C., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and MICHIE, District Judge.

PER CURIAM:

This is a patent infringement action brought by Morpul, Inc., against Glen Raven Knitting Mill, Inc. After reviewing the prior art, the specifications appended to the claim, and the file wrapper history of the patent, the District Court entered summary judgment for defendant, holding that plaintiff was estopped to claim infringement.

I

The plaintiff's patent was originally issued to Ernest G. Rice in 1956 as No. 2,826,760, and reissued...

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