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TIGHTS, INC. v. STANLEY

No. 71-1018.

441 F.2d 336 (1971)

TIGHTS, INC., Petitioner, v. The Honorable Edwin M. STANLEY, Chief Judge, United States District Court for the Middle District of North Carolina, Respondent.

United States Court of Appeals, Fourth Circuit.

April 12, 1971.

Attorney(s) appearing for the Case

Jack W. Floyd and Richard W. Ellis, Greensboro, N. C., for petitioner; Thornton H. Brooks for respondent; Paul B. Bell and Samuel G. Layton, Jr., Charlotte, N. C., for Acme-McCrary Corporation and Kayser-Roth Corporation.

Before SOBELOFF, Senior Circuit Judge, and BOREMAN and BRYAN, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

Petitioner, Tights, Inc., is plaintiff in two patent infringement suits pending in the District Court for the Middle District of North Carolina. In each case the District Court granted a motion to strike petitioner's demand for a jury trial on the issues of validity and infringement, although jury trials were granted to assess damages should the court determine that a valid patent has been...

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