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MOOG INCORPORATED v. PEGASUS LABORATORIES, INC.

No. 74-2190.

521 F.2d 501 (1975)

MOOG INCORPORATED, Plaintiff-Appellant, v. PEGASUS LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 5, 1975.

Attorney(s) appearing for the Case

Alfonse J. D'Amico, Barnes, Kisselle, Raisch & Choate, Detroit, Mich., Kenneth R. Sommer, Buffalo, N. Y., for plaintiff-appellant.

Dale R. Small, Whittemore, Hulbert & Belkamp, Detroit, Mich., William L. Mathis, Washington, D. C., for defendant-appellee.

Before PHILLIPS, Chief Judge, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

This case involves a United States Patent Office interference proceeding and a statute which regulates any private agreements which are employed to settle such disputes. This statute, 35 U.S.C. § 135(c) (1970), reads as follows:

(c) Any agreement or understanding between parties to an interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference...

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