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AVERY PRODUCTS CORP. v. MORGAN ADHESIVES CO.

Nos. 73-1699, 73-1700.

496 F.2d 254 (1974)

AVERY PRODUCTS CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. MORGAN ADHESIVES COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 30, 1974.

Attorney(s) appearing for the Case

Charles B. Gordon, Cleveland, Ohio, for plaintiff-appellant ; McNenny, Farrington, Pearne & Gordon, Cleveland, Ohio, on brief ; Harry C. Donkers, San Marino, Cal., for Avery Products Corp.

Frederic M. Bosworth, Cleveland, Ohio, for defendant-appellee ; Bosworth, Sessions & McCoy, Cleveland, Ohio, on brief ; William S. Burton, Arter & Hadden, Cleveland, Ohio, for Morgan Adhesives Co.

Before WEICK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

Avery Products Corporation (Avery) appeals from a summary judgment of the District Court dismissing its complaint against Morgan Adhesives Company (Morgan), alleging infringement of its Engelbach U.S. Patent 3,343,978 covering an improvement in adhesive transfers. Morgan cross-appeals from an order of the District Court dismissing its three counterclaims.

Avery and Morgan are competitors, each engaged in the manufacture of various adhesive...

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