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BERKEY PHOTO, INC. v. EASTMAN KODAK CO.

Nos. 1019, 1070, Dockets 78-7445, 78-7448.

603 F.2d 263 (1979)

BERKEY PHOTO, INC., Plaintiff-Appellee-Cross Appellant, v. EASTMAN KODAK COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Second Circuit.

Submitted April 30, 1979.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Alvin M. Stein, New York City (Barry J. Brett, Mark I. Schlesinger, Aurora Cassirer, Mark D. Offen, Parker, Chapin, Flattau & Klimpl, New York City, Neuman, Williams, Anderson & Olson, Chicago, Ill., of counsel), for plaintiff-appellee-cross appellant.

William Piel, Jr., New York City (Robert MacCrate, John L. Warden, Richard E. Carlton, Jerrold J. Ganzfried, Philip K. Howard, Shelley D. LaVine, William L. Farris, Sullivan & Cromwell, New York City, of counsel), for defendant-appellant-cross appellee.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

INTRODUCTION

To millions of Americans, the name Kodak is virtually synonymous with photography. Founded over a century ago by George Eastman, the Eastman Kodak Company has long been the preeminent firm in the amateur photographic industry. It provides products and services covering every step in the creation of an enduring photographic record from an evanescent image. Snapshots may be taken with a Kodak camera on Kodak film...

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