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AMERICAN INFRA-RED RADIANT CO. v. LAMBERT INDUSTRIES, INC.

Nos. 18054, 18055.

360 F.2d 977 (1966)

AMERICAN INFRA-RED RADIANT CO., Inc., a Delaware Corporation, and Hupp Corporation, a Virginia Corporation, Appellants, v. LAMBERT INDUSTRIES, INC., a Minnesota Corporation, Industrial Ceramics, Inc., a Minnesota Corporation, and Agard L. Lambert, Appellees. LAMBERT INDUSTRIES, INC., a Minnesota Corporation, Industrial Ceramics, Inc., a Minnesota Corporation, and Agard L. Lambert, Appellants, v. AMERICAN INFRA-RED RADIANT CO., Inc., a Delaware Corporation, and Hupp Corporation, a Virginia Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 20, 1966.

Attorney(s) appearing for the Case

J. Matthews Neale, of Strauch, Nolan, Neale, Nies & Bronaugh, Washington, D. C., made argument for American Infra-Red Radiant Co., Inc., and others and filed briefs with William A. Strauch, Washington, D. C., and Herbert M. Burns, of Wheeler, Burns & Buchanan, Duluth, Minn.

John D. Gould, of Merchant, Merchant & Gould, Minneapolis, Minn., made argument for Lambert Industries, Inc., and others and filed brief with Robert T. Edell, Minneapolis, Minn.

Before VOGEL, Chief Judge, and BLACKMUN and GIBSON, Circuit Judges.

Rehearing Denied in No. 18055, June 20, 1966.

GIBSON, Circuit Judge.

This appeal and cross-appeal from the United States District Court, District of Minnesota, concerns a patent infringement case filed pursuant to Title 35, U.S.C., § 271 in which also is injected the issue of patent misuse and anti-trust. Jurisdiction is established by Title 28, U.S.C., § 1338. At issue is the validity of two patents, the alleged infringement thereof, the alleged...

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