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AG PRO, INC. v. SAKRAIDA

No. 72-1108.

481 F.2d 668 (1973)

AG PRO, INC., Plaintiff-Appellant, v. Bernard A. SAKRAIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1973.

Attorney(s) appearing for the Case

J. Pierre Kolisch, Portland, Ore., Frank Hunter, El Paso, Tex., for plaintiff-appellant.

J. F. Hulse, El Paso, Tex., for defendant-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing, Defendant-Appellee Sakraida seeks a remand of the issue of patent validity based on newly discovered evidence. His request is the substantial equivalent of a motion under Rule 60(b) (2), F.R.Civ.P., requesting relief from a final judgment because of newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), F.R.Civ.P...

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