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DuBUIT v. HARWELL ENTERPRISES, INC.

No. 75-1470.

540 F.2d 690 (1976)

Louis Gilbert DuBUIT et al., Appellants, v. HARWELL ENTERPRISES, INC., and Roy M. Harwell, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1976.

Attorney(s) appearing for the Case

Robert E. Wagner, Chicago, Ill. (Robert E. Browne, Stone, Wagner & Aubel, Chicago, Ill., Floyd A. Gibson, Parrott, Bell, Seltzer, Park & Gibson, Charlotte, N. C., on brief), for appellants.

Jack E. Dominik, Chicago, Ill. (Basil L. Whitener, Gastonia, N. C., on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, RUSSELL, Circuit Judge, and FIELD, Senior Circuit Judge.

FIELD, Senior Circuit Judge:

On December 15, 1972, Louis G. DuBuit filed an appeal from a final judgment order which had been entered in this case. The appeal was argued in this court on June 4, 1973, and an opinion and judgment of affirmance was filed on October 15, 1973.1 Approximately one year later, on November 5, 1974, the district court entered an order in which it found this case to be "exceptional" under 35 U.S.C. § 285, and...

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