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ELTRA CORP. v. BASIC, INC.

No. 77-3364.

599 F.2d 745 (1979)

ELTRA CORPORATION, Plaintiff-Appellant, v. BASIC INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 21, 1979.

As Corrected June 18, 1979.

Attorney(s) appearing for the Case

John C. Purdue, Owen, Purdue, Emch & Barker Co., L.P.A., Toledo, Ohio, Dugald S. McDougall, McDougall, Hersh & Scott, Chicago, Ill., Dana M. Raymond, Brumbaugh, Graves, Donohue & Raymond, New York City, Robert H. Johnson, Eltra Corp., Toledo, Ohio, for plaintiff-appellant.

George B. Newitt, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., Armand P. Boisselle, Donnelly, Maky, Renner & Otto, Cleveland, Ohio, for defendant-appellee.

Before WEICK, ENGEL and MERRITT, Circuit Judges.

WEICK, Circuit Judge.

The suit in the District Court was brought by Eltra Corporation (Eltra) against Basic Incorporated (Basic) seeking a declaratory judgment that Basic's Reissue Patent No. Re. 27,111, entitled "Pitch-Bonded Refractory Composition" was invalid and noninfringed. Basic responded by counter-claiming against Eltra for infringement of its patent by North American Refractories Company (Narco), a division of Eltra. The subject matter of the patent in suit...

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