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DEERING MILLIKEN RESEARCH CORP. v. TEXTURED FIBRES, INC.

Civ. A. No. 68-705.

310 F.Supp. 491 (1970)

DEERING MILLIKEN RESEARCH CORPORATION, Plaintiff, v. TEXTURED FIBRES, INC., Virginia Mills, Inc. and Throwing Corporation of America, Defendants.

United States District Court, D. South Carolina, Spartanburg Division.

March 3, 1970.

Attorney(s) appearing for the Case

Thomas A. Evins, Means, Evins, Browne & Hamilton, Spartanburg, S. C., Simon H. Rifkind, and Jay Greenfield, New York City, for plaintiff.

Edward P. Perrin, Perrin & Perrin, Spartanburg, S. C., and McNeill Smith, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION and ORDER

DONALD RUSSELL, District Judge.

By its order of remand, the Circuit Court of Appeals directed this Court in this proceeding to answer three questions, supporting same with appropriate findings of fact. Deering Milliken Research Corp. v. Textured Fibres, Inc. (1969) 415 F.2d 875, 877, note 4. These three questions are:

(1) Are the contracts sued upon contracts...

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