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CONTINENTAL COATINGS CORPORATION v. METCO, INC.

No. 71-1266.

464 F.2d 1375 (1972)

CONTINENTAL COATINGS CORPORATION, Plaintiff-Appellant, v. METCO, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1972.

Attorney(s) appearing for the Case

Alvin D. Shulman, William A. Marshall, Chicago, Ill., for plaintiff-appellant; Merriam, Marshall, Shapiro & Klose, Chicago, Ill., of counsel.

Walther E. Wyss, Chicago, Ill., Arnold Sprung, New York City, for appellees; Nathaniel D. Kramer, Burgess, Dinklage & Sprung, New York City, Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, STEVENS, Circuit Judge, and GRANT, District Judge.

STEVENS, Circuit Judge.

Plaintiff appeals from the entry of a summary judgment sustaining the defense of laches in a patent infringement action. Plaintiff contends (1) that its delay in filing suit was excusable, or at least the issue was sufficiently disputed to preclude a summary judgment; and (2) that, in any event, laches should not foreclose injunctive relief or the recovery of damages subsequent to the filing of the complaint. The district court,

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