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UNITED STATES GYPSUM COMPANY v. NATIONAL GYPSUM COMPANY

Nos. 15126, 15127.

387 F.2d 799 (1967)

UNITED STATES GYPSUM COMPANY, Plaintiff-Appellee and Appellant, v. NATIONAL GYPSUM COMPANY et al., Defendants-Appellants and Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 7, 1967.

Certiorari Denied March 18, 1968.

Attorney(s) appearing for the Case

Albert H. Pendleton, Cranston Spray, Arthur A. Olsen, Gregory B. Beggs, James G. Hiering, Chicago, Ill., for United States Gypsum Co.

Charles J. Merriam, Allen H. Gerstein, Chicago, Ill., Merriam, Marshall, Shapiro & Klose, Chicago, Ill., of counsel, for National Gypsum Co.

Before KNOCH, SWYGERT and FAIRCHILD, Circuit Judges.

Certiorari Denied March 18, 1968. See 88 S.Ct. 1184.

FAIRCHILD, Circuit Judge.

United States Gypsum Company sued National Gypsum Company and Plaza Plastering Co. for infringement1 of the Gill patent.2 The district court found the patent valid but not infringed. All parties appealed.

We conclude that the district court misconstrued the patent, that the...

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