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MASSILLON-CLEVELAND-AKRON S. CO. v. GOLDEN STATE ADV. CO.

No. 25873.

444 F.2d 425 (1971)

MASSILLON-CLEVELAND-AKRON SIGN CO., a corporation, Appellee, v. GOLDEN STATE ADVERTISING CO., Inc., a corporation, et al., Appellants.

United States Court of Appeals, Ninth Circuit.

June 8, 1971.

Attorney(s) appearing for the Case

Fulwider, Patton, Rieber, Lee & Utecht, William K. Rieber, Los Angeles, Cal., for appellee.

R. Douglas Lyon (argued), Reginald E. Caughey, of Lyon & Lyon, Los Angeles, Cal., for appellants.

Before HAMLEY, BROWNING and TRASK, Circuit Judges.

HAMLEY, Circuit Judge:

This is an interlocutory appeal, taken pursuant to 28 U.S.C. § 1292(b), from a district court order striking certain affirmative defenses and a counterclaim asserted by one of the defendants.

The plaintiff and appellee is Massillon-Cleveland-Akron Sign Co. (MCA), which is the owner of Letters Patent No. 2,764,830 for "Articulated Banner Unit Construction." The defendants are Golden State Advertising Co., Inc. (Golden State), Albert...

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