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ENDERS v. AMERICAN PATENT SEARCH CO.

No. 73-1148.

535 F.2d 1085 (1976)

Henry J. ENDERS, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. AMERICAN PATENT SEARCH COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing and Rehearing Denied May 3, 1976.

Attorney(s) appearing for the Case

Norman G. Axe (argued), Beverly Hills, Cal., for plaintiffs-appellants.

Samuel Z. Winnikoff (argued), Beverly Hills, Cal., for defendants-appellees.

Before BARNES and WALLACE, Circuit Judges, and THOMPSON, District Judge.

As Modified on Denial of Rehearing and Rehearing In Banc Denied May 3, 1976.

OPINION

WALLACE, Circuit Judge:

Enders, an inventor, brought this class action for restitution, punitive damages and injunctive relief against several patent search companies and individuals allegedly associated with these companies. Enders claims to have been damaged by the defendants' alleged violation of 35 U.S.C. § 33, which provides:

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