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CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY

Civ. A. No. 41762.

319 F.Supp. 714 (1970)

CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY.

United States District Court, E. D. Pennsylvania.

November 24, 1970.

Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., Patrick T. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., Eben M. Graves, Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiff.

Dexter N. Shaw, Gordon S. Rogers, Howson & Howson, Philadelphia, Pa., James R. Withrow, Donavan, Leisure, Newton & Irvine, New York City, W. Brown Morton, Jr., McLean, Morton & Boustead, Washington, D. C., for defendant.

OPINION AND ORDER

HANNUM, District Judge.

Presently before the court are applications by the defendant (1) for leave to conduct certain inter partes tests and (2) for leave pursuant to Rule 32(a) (3) (E) Fed.R.Civ.P. to use depositions taken during those inter partes tests in court proceedings.

This is an action charging defendant with infringement of two patents which are directed to a process for making chemically embossed foamed...

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