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ARTVALE, INC. v. RUGBY FABRICS CORP.

No. 398, Docket 29239.

363 F.2d 1002 (1966)

ARTVALE, INC., Plaintiff-Appellant-Respondent, v. RUGBY FABRICS CORP. and Barmil Associates, Ltd., Defendants-Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided July 15, 1966.

Attorney(s) appearing for the Case

Jay H. Topkis, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City; Sidney S. Rosdeitcher on brief, Emanuel R. Posnack, New York City, of counsel), for plaintiff-appellant-respondent.

James N. Buckner, New York City (Brumbaugh, Free, Graves & Donohue, New York City, Joseph D. Garon, New York City, of counsel), for defendants-respondents-appellants.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge.

Artvale, Inc., plaintiff in an action for patent infringement in the District Court for the Southern District of New York, appeals from Judge Levet's dismissal of the complaint as barred by a settlement agreement, 232 F.Supp. 814 (1964). Defendants cross-appeal from the dismissal of their counterclaim for damages for plaintiff's breach of a covenant not to sue therein contained. A previous appeal in related...

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