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PLASTIC CONTAINER CORP. v. CONTINENTAL PLASTICS

No. 77-1753.

607 F.2d 885 (1979)

PLASTIC CONTAINER CORPORATION, Plaintiff-Appellant, v. CONTINENTAL PLASTICS OF OKLAHOMA, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 8, 1979.

Rehearing Denied September 25, 1979.

Attorney(s) appearing for the Case

Walter D. Ames, Watson, Cole, Grindle & Watson, Washington, D. C. (Thomas J. Greer, Jr., Diller, Brown, Ramik & White, Arlington, Va., and James A. Peabody, Oklahoma City, Okl., on the brief), for appellant.

William R. Laney, Laney, Dougherty & Hessin, Oklahoma City, Okl., for appellee.

Before BARRETT and LOGAN, Circuit Judges, and MILLER, Judge.

MILLER, Judge.

Plastic Container Corporation ("Plastic") appeals from an adverse judgment in its patent infringement suit against Continental Plastics of Oklahoma, Inc. ("Continental"). In an order of August 5, 1977, without opinion, the district court denied Plastic's cross-motion for summary judgment, dismissed its complaint, entered judgment in favor of Continental, and awarded Continental costs and attorney fees. We reverse and remand.

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