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STAMICARBON, N. V. v. ESCAMBIA CHEMICAL CORPORATION

No. 27596.

430 F.2d 920 (1970)

STAMICARBON, N. V., Plaintiff-Appellee, v. ESCAMBIA CHEMICAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 21, 1970.

Attorney(s) appearing for the Case

Mark Hulsey, Jr., Jacksonville, Fla., Pennie, Edmonds, Morton, Taylor & Adams, Stanton T. Lawrence, Jr., Charles J. Brown, New York City, Glickstein Crenshaw, Glickstein, Hulsey & Fay, Jacksonville, Fla., for appellant.

Victor Cawthon, A. Frank O'Kelley, Tallahassee, Fla., Cushman, Darby & Cushman, John W. Malley, Carl G. Love, George M. Sirilla, Donald J. Bird, Washington, D. C., Keen, O'Kelley & Spitz, Tallahassee, Fla., of counsel, for appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Stamicarbon brought suit for patent infringement and an accounting against Escambia. Escambia defended by attacking the validity of the patent on the bases of obviousness and anticipation. After a lengthy and extensive trial to the court, the district judge found the patent both valid and infringed and reserved decision on the matter of an accounting. Escambia appeals, contending (1) the district court applied an incorrect standard of proof,...

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