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AIRTEX CORP. v. SHELLEY RADIANT CEILING CO.

Nos. 75-1643, 75-1644.

536 F.2d 145 (1976)

AIRTEX CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. SHELLEY RADIANT CEILING COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 1976.

As Amended on Denial of Rehearing and Rehearing May 27, 1976.

Attorney(s) appearing for the Case

George N. Hibben, Chicago, Ill., for Airtex.

William A. Marshall, Chicago, Ill., for Shelley Radiant.

Before CASTLE, Senior Circuit Judge, TONE, Circuit Judge, and WARREN, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 27, 1976.

CASTLE, Senior Circuit Judge.

Plaintiff Airtex Corporation [hereinafter "Airtex"], owner of U.S. Patent No. 3,698,475 relating to radiant heating and cooling panels, appeals from the judgment of the district court holding the patent invalid. Plaintiff also appeals the district court's award of expenses under Fed.R.Civ.P. 37 to defendant Shelley Radiant Ceiling Company [hereinafter "Shelley...

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