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TURZILLO v. P & Z MERGENTIME

Nos. 75-1079, 75-1080.

532 F.2d 1393 (1976)

Lee A. TURZILLO et al. v. P & Z MERGENTIME, Appellant. Lee A. TURZILLO et al., Appellants, v. P & Z MERGENTIME.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 1976.

On Rehearing June 2, 1976.

Attorney(s) appearing for the Case

Charles E. Townsend, Jr., San Francisco, Cal., of the bar of the Supreme Court of California pro hac vice by special leave of Court, with whom Edward F. McKie, Jr., Washington, D. C., was on the brief for appellant in No. 75-1079 and appellee in No. 75-1080.

Donald L. Otto, Cleveland, Ohio, with whom Donald D. Jeffery, Washington, D. C., was on the brief for appellees in No. 75-1079 and appellants in No. 75-1080.

Before McGOWAN and LEVENTHAL, Circuit Judges, and ALBERT V. BRYAN, Jr., United States District Judge for the Eastern District of Virginia.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This is an appeal from an interlocutory judgment of the District Court holding two patents issued to plaintiff-appellee Lee A. Turzillo valid, and finding infringement by defendant-appellant P & Z Mergentime1 with respect to the later issued patent. One is United States Patent No. 3,363,422 ('422 Patent...

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