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BABCOCK & WILCOX COMPANY v. FOSTER WHEELER CORPORATION

No. 17872.

415 F.2d 777 (1969)

The BABCOCK & WILCOX COMPANY, Assignee of the Interference Parties Dungey and Frendberg, Appellant, v. FOSTER WHEELER CORPORATION, Assignee of the Interference Parties Gorzegno, Weber and Pai.

United States Court of Appeals Third Circuit.

Decided September 9, 1969.

Attorney(s) appearing for the Case

Roland T. Bryan, Robertson, Bryan, Parmelee & Johnson, Stamford, Conn., for appellant.

Robert L. Austin, Pendleton, Neuman, Seibol & Williams, Chicago, Ill., for appellee.

Before FREEDMAN, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from a district court order denying appellant's motion under F.R.Civ.P. 34 for an order compelling the appellee to produce certain documents for inspection and copying in connection with a contested Interference Proceeding pending between them in the Patent Office.

Section 24 of 35 U.S.C.A. authorizes the district court of the district wherein testimony is to be taken for use in a contested...

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