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ROBBINS COMPANY v. LAWRENCE MANUFACTURING COMPANY

No. 71-2944.

482 F.2d 426 (1973)

The ROBBINS COMPANY, Plaintiff-Appellee, v. LAWRENCE MANUFACTURING COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 24, 1973.

Attorney(s) appearing for the Case

John M. Calimafde (argued), Stephen B. Judlowe, of Sandoe, Hopgood & Calimafde, New York City, Bruce M. Pym, of Graham, McCord, Dunn, Moen, Johnston & Rosenquist, Seattle, Wash., for defendant-appellant.

John O. Graybeal (argued), James R. Uhlir, of Graybeal, Barnard, Uhlir & Hughes, Seattle, Wash., for plaintiff-appellee.

Before MERRILL, CARTER and CHOY, Circuit Judges.

OPINION

JAMES M. CARTER, Circuit Judge:

Appellee The Robbins Company (hereafter Robbins) brought suit against appellant Lawrence Manufacturing Company (hereafter Lawrence), a competitor in the field of tunnel boring machines, for infringement of Robbins' Patent No. 3,216,513. Lawrence moved for summary judgment. This appeal is from an order of the district court denying that motion.

Ordinarily such an order would not be a final judgment and...

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