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AMERICAN CYANAMID COMPANY v. NOPCO CHEMICAL COMPANY

No. 11435.

388 F.2d 818 (1968)

AMERICAN CYANAMID COMPANY, Appellant, v. NOPCO CHEMICAL COMPANY and Quality Feeds, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 11, 1968.

Attorney(s) appearing for the Case

W. Brown Morton, Jr., New York City, and Leigh B. Middleditch, Jr., Charlottesville, Va. (McLean, Morton & Boustead, New York City, and McGuire, Woods & Battle, Richmond, Va., on brief), for appellant.

Jerome G. Lee, New York City, (George B. Finnegan, Jr., John D. Foley, David H. Pfeffer, Morgan, Finnegan, Durham & Pine, New York City, John T. Camblos, and Belt, Camblos & Pickford, Charlottesville, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

The sole question in this appeal is whether, within the meaning of 28 U.S. C.A. § 1400(b), NOPCO Chemical Company has a "regular and established place of business" in the Western District of Virginia1 where American Cyanamid has brought suit against it for patent infringement.2 It was determined by the district court that NOPCO has, within the district, no real or personal property...

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