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SHANKLIN CORP. v. SPRINGFIELD PHOTO MOUNT CO.

No. 75-1061.

521 F.2d 609 (1975)

SHANKLIN CORPORATION, Plaintiff-Appellant, v. SPRINGFIELD PHOTO MOUNT COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 20, 1975.

Attorney(s) appearing for the Case

Charles E. Pfund, Boston, Mass., with whom Dike, Bronstein, Roberts, Cushman & Pfund and Robert E. Meyer, Boston, Mass., were on brief, for plaintiff-appellant.

Charles W. Bradley, New York City, with whom Robert J. Horn, Jr., Kenway & Jenney, Boston, Mass., and Cooper, Dunham, Clark, Griffin & Moran, New York City, were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiff Shanklin Corporation sued Springfield Photo Mount Company for infringement of its patent, No. 3,583,888. The claimed infringing device, "Weldotron Model 5872 Automatic L Bar Package Forming System," is manufactured by Weldotron Corporation, which is the real party in interest defending in this action. The district court held that the patent was invalid and unenforceable, 387 F.Supp. 345

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