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ELMWOOD LIQUID PRODUCTS, INC. v. SINGLETON PACKING CORP.

No. 69-132 Civ.-T.

328 F.Supp. 974 (1971)

ELMWOOD LIQUID PRODUCTS, INC., et al., Plaintiffs, v. SINGLETON PACKING CORPORATION et al., Defendants.

United States District Court, M. D. Florida, Tampa Division.

May 3, 1971.

Attorney(s) appearing for the Case

Wagner, Cunningham & Vaughan, Tampa, Fla., Brufsky, Staas, Breiner & Halsey, Washington, D. C., for plaintiffs.

J. Danforth Browne, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., and Paul T. O'Neil, Shanley & O'Neil, Washington, D. C., for Charles F. Clark.

FINDINGS AND CONCLUSIONS

WILLSON, Senior District Judge.

The complaint in this case consists of three counts. Count I charged the defendants with patent infringement and Counts II and III charged defendant Air Products and Chemicals, Inc. (Air Products) with unfair competition. Jurisdiction is averred under Title 35 U.S. Code and 28 U.S.Code 1338 and was conceded at the pretrial.

The case came on for trial non-jury on Count I, the issue being the...

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