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RAINS v. CASCADE INDUSTRIES, INC.

No. 16957.

402 F.2d 241 (1968)

John K. RAINS, Appellant, v. CASCADE INDUSTRIES, INC.

United States Court of Appeals Third Circuit.

Decided October 14, 1968.

Rehearing Denied November 13, 1968.

Attorney(s) appearing for the Case

Leon J. Greenspan, Greenspan & Aurnou, White Plains, N. Y., for appellant.

Frederick A. Zoda, Sperry & Zoda, Trenton, N. J., for appellee.

Before McLAUGHLIN, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This appeal involves the validity of a design patent for an on-the-ground swimming pool.1

Plaintiff, the holder of the patent, alleged infringement by defendant and sought damages and an injunction. Defendant counterclaimed for a declaratory judgment of invalidity or of noninfringement and sought damages and injunctive relief. The district court granted defendant's motion...

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