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TAPCO PRODUCTS CO. v. VAN MARK PRODUCTS CORP.

No. 20835.

446 F.2d 420 (1971)

TAPCO PRODUCTS COMPANY, Plaintiff-Appellant, v. VAN MARK PRODUCTS CORPORATION and Eugene Van Cleave, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

July 12, 1971.

Attorney(s) appearing for the Case

Basil C. Foussianes, Detroit, Mich., for plaintiff-appellant; John M. Kisselle, William H. Francis, Barnes, Kisselle, Raish & Choate, Detroit, Mich., on brief.

Bernard J. Cantor, and Daniel G. Cullen, Detroit, Mich., for defendants-appellees; Hiram P. Settle, Jr., Cullen, Settle, Sloman & Cantor, Detroit, Mich., on brief.

Before WEICK, PECK and McCREE, Circuit Judges.

WEICK, Circuit Judge.

The suit in the District Court was for infringement of the Marsh Patent No. 3,161,223, issued December 15, 1964, on a sheet metal brake,1 which patent had been assigned to Tapco. Appellee Van Cleave had been in the employ of Tapco when the brake was being developed. After leaving Tapco's employ he organized appellee Van Mark Products Corporation and commenced to produce a...

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