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SHELCO, INC. v. DOW CHEMICAL COMPANY

Nos. 71-1061, 71-1062.

466 F.2d 613 (1972)

SHELCO, INC., and The Shelco Company, Plaintiffs-Appellants, v. The DOW CHEMICAL COMPANY and Harry G. Schierholz & Co., Defendants-Appellees. SHELCO, INC., and The Shelco Company, Plaintiffs-Appellants, v. BOYLE-MIDWAY, INC. and American Home Products Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 5, 1972.

Certiorari Denied October 10, 1972.

Attorney(s) appearing for the Case

W. Philip Churchill, Ronald F. Ball, New York City, Edwin M. Luedeka, Robert B. Jones, Fitch, Even, Tabin & Luedeka, Chicago, Ill., for plaintiffs-appellants; Fish & Neave, New York City, of counsel.

Dimitri D. Allegretti, George P. McAndrews, Timothy J. Malloy, Molinare, Allegretti, Newitt & Witcoff, Charles J. Merriam, Edward M. O'Toole, Carl Kustin, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., for defendants-appellees; Carl E. Moore, Chicago, Ill., William Yates, M. B. Lilly, Richard Waterman, The Dow Chemical Co., Midland, Mich., of counsel.

Before SWYGERT, Chief Judge, and KILEY and FAIRCHILD, Circuit Judges.

Certiorari Denied October 10, 1972. See 93 S.Ct. 125.

SWYGERT, Chief Judge.

This is an appeal from a final judgment in a patent infringement action which held that the patent in suit, United States Patent No. 3,335,092, was invalid and which also awarded attorneys' fees and costs to the defendants. The only issues raised are whether the district court committed reversible errors in holding the patent invalid and in awarding attorneys' fees to defendants. We...

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