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EUTECTIC CORPORATION v. ASTRALLOY-VULCAN CORP.

No. 74-2056.

510 F.2d 1111 (1975)

EUTECTIC CORPORATION, Plaintiff-Appellee, v. ASTRALLOY-VULCAN CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 9, 1975.

Attorney(s) appearing for the Case

Howard P. Walthall, L. Drew Redden, Birmingham, Ala., for defendants-appellants.

Robert M. Collins, Birmingham, Ala., Arthur M. Lieberman, Stephen B. Judlowe, New York City, for plaintiff-appellee.

Before GEWIN, BELL and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Appellant Astralloy-Vulcan (Vulcan), an Alabama corporation, manufactures and sells a patented alloy under the trade name "Astralloy". Because of its hardness, Vulcan advertises and sells Astralloy for such high-wear items as wear plates, shafts, gear teeth, bucket teeth, valve stems, scrapers, mixer blades, mining equipment, drag line buckets and dies. Eutectic Corporation engages in the manufacture and sale of various metal related materials...

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