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DOW CHEMICAL COMPANY v. CHEMICAL CLEANING, INC.

No. 28531.

434 F.2d 1212 (1970)

The DOW CHEMICAL COMPANY, a corporation, Plaintiff-Appellee-Cross-Appellant, v. CHEMICAL CLEANING, INC., a corporation, John H. Rusch, Individually, and George Lewis, Individually, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied December 17, 1970.

Attorney(s) appearing for the Case

M. Ted Raptes, Arlington, Va., Benjamin R. Slater, New Orleans, La., for defendants-appellants, cross-appellees; Millen, Raptes & White, Arlington, Va., of counsel.

Joseph B. Miller, F. Frank Fontenot, Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., Charles J. Merriam, Allen H. Gerstein, Michael P. Bucklo, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., Charles W. Carlin, Midland, Mich., for plaintiff-appellee-cross-appellant.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied December 17, 1970.

SIMPSON, Circuit Judge:

The appellant Chemical Cleaning, Incorporated (CCI) was adjudged in the district court to have been guilty of willful and knowing violation of an injunctive order of the district court prohibiting it from further infringement of a Dow Chemical Company (Dow) patent relating to the process of acid chemical cleaning of utility boilers. In an opinion reported at

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