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WAYNE KNITTING MILLS v. RUSSELL HOSIERY MILLS, INC.

No. C-183-R-65.

274 F.Supp. 934 (1967)

WAYNE KNITTING MILLS and the May Corporation, Plaintiffs, v. RUSSELL HOSIERY MILLS, INC., and Paul Russell, President, Defendants.

United States District Court M. D. North Carolina, Rockingham Division.

September 29, 1967.

Attorney(s) appearing for the Case

Joseph W. Grier, Jr., of Grier, Parker, Poe & Thompson, Charlotte, N. C., David H. Semmes, of Semmes & Semmes, Washington, D. C., and Charles B. Park, III, of Parrott Bell, Seltzer, Park & Heard, Charlotte, N. C., for plaintiffs.

Welch Jordan, of Jordan, Wright, Henson & Nichols, Greensboro, N. C., and Charles R. Fenwick and Thomas B. Van Poole, Jr., of Mason, Fenwick & Lawrence, Washington, D. C., for defendants.

MEMORANDUM OPINION

GORDON, District Judge.

This is an action for infringement of Claim 3 of the Sarbo patent (United States Letters Patent No. 3,059,458, issued October 23, 1962) relating to knitted shoe-top-length foot covers or socks. The plaintiffs initially alleged both patent infringement and unfair competition against the corporate defendant. After discovery ensued, the unfair competition charge was withdrawn. The action is now solely for patent infringement...

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