DIAMOND INTER. CORP. v. MARYLAND FRESH EGGS, INC.

No. 74-2104.

523 F.2d 113 (1975)

DIAMOND INTERNATIONAL CORPORATION, a corporation of Delaware, Appellee, v. MARYLAND FRESH EGGS, INC., a corporation of Maryland, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1975.

Certiorari Denied February 23, 1976.


Attorney(s) appearing for the Case

Herbert C. Brinkman, Jr., Cincinnati, Ohio (Richard H. Evans, Bruce Tittel, Truman A. Herron, Wood, Herron & Evans, Cincinnati, Ohio, Benjamin C. Howard and Miles & Stockbridge, Baltimore, Md., on brief), for appellant.

Karl W. Flocks, Washington, D. C. (Sheridan Neimark, Washington, D. C., John W. Avirett, 2d, Piper & Marbury, Baltimore, Md., and S. S. Kittelle, New York City, on brief), for appellee.

Before BRYAN, Senior Circuit Judge, FIELD, Circuit Judge and HALL, District Judge.


Certiorari Denied February 23, 1976. See 96 S.Ct. 1113.

BRYAN, Senior Circuit Judge:

The subjects of this patent litigation are a 12-egg carton made of molded pulp and a like-shaped and purposed container made of foam polystyrene (plastic). As the assignee-owner of the patent covering the pulp carton, No. 2,990,094 issued June 27, 1961 to one Reifers (original application filed 1952), appellee Diamond International Corporation charged appellant Maryland Fresh...

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