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BARR RUBBER PRODUCTS COMPANY v. SUN RUBBER COMPANY

Nos. 538-539, Dockets 32319, 32320.

425 F.2d 1114 (1970)

The BARR RUBBER PRODUCTS COMPANY, Plaintiff-Appellee-Cross Appellant, v. The SUN RUBBER COMPANY, Defendant-Appellant-Cross Appellee, and Wonder Products Company, Defendant.

United States Court of Appeals, Second Circuit.

Decided April 30, 1970.

Attorney(s) appearing for the Case

Thomas F. Reddy, Jr., Sidney R. Bresnick, Pennie, Edmonds, Morton, Taylor & Adams, New York City, Everett R. Hamilton, Phillip L. Kenner, Hamilton, Cook, Renner & Kenner, Akron, Ohio, for The Sun Rubber Co.

Jacobs, Persinger & Parker, New York City, Ely, Golrick & Flynn, Albert L. Ely, Jr., Cleveland, Ohio, for the Barr Rubber Products Co.

Paul W. Williams, Allen S. Joslyn, Lawrence C. Browne, Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for amicus curiae, McNeil Corp.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The Sun Rubber Company (Sun) and the Barr Rubber Products Company (Barr) are competing manufacturers of plastic toys. Sun Rubber is the holder of a patent, U.S. Patent No. 2,629,134, issued February 24, 1953, on an application filed June 27, 1950, which describes a process for producing flexible hollow articles, such as balls, dolls and other toys from plastic. The process requires that a mold containing a liquid mixture of vinyl resin and...

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