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BORDEN COMPANY v. CLEARFIELD CHEESE CO.

No. 15614.

369 F.2d 96 (1966)

The BORDEN COMPANY, Appellant, v. CLEARFIELD CHEESE CO., Inc., a Pennsylvania Corporation.

United States Court of Appeals Third Circuit.

Decided December 9, 1966.

Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., Pennie, Edmonds, Morton, Taylor & Adams, Charles E. McKenney, New York City, for appellant (G. Donald Gerlach, Pittsburgh, Pa., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief).

Frank L. Seamans, Karl B. Lutz, Pittsburgh, Pa. (Carl F. Barger, Edwin L. Klett, Eckert, Seamans & Cherin, Pittsburgh, Pa., on the brief), for appellee, William U. Smith, Smith, Smith & Work, Clearfield, Pa., Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa., of counsel.

Before STALEY, Chief Judge, GANEY, Circuit Judge, and SHERIDAN, District Judge.

OPINION OF THE COURT

GANEY, Circuit Judge.

This is an appeal from the lower court's granting of the defendant's motion for summary judgment.

The plaintiff filed suit for patent infringement against the defendant by complaint dated May 22, 1964, alleging that the defendant had infringed the Brandenberger patent, a Swiss patent which had not been used theretofore at any time, anywhere in the world, since its issuance on April 25, 1950, which it had...

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