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UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM

Civ. A. Nos. 71-166, 71-1113, 72-1107 and 75-565.

480 F.Supp. 408 (1979)

UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM, Recreational & Athletic Equipment Corp., Inc., Grayson Industries Corp., American Super Gym Corp., and Super Athletics Corp., Ronald Arbasek, Larry Salkeld, Donald E. Pinchock and S. David Brodsky d/b/a Super Athletics Corp. UNIVERSAL ATHLETIC SALES CO. v. Larry SALKELD, Donald E. Pinchock, S. David Brodsky, Ind. and d/b/a Super Athletics Corp. and Wes Hudson. SUPER ATHLETICS CORP. v. OLYMPIA SPORTS PRODUCTS, INC. d/b/a Universal Resilite. SUPER ATHLETICS CORP., a bankrupt, J. M. Evans, Trustee in Bankruptcy, v. WHITTAKER CORP. and Olympia Sports Products, Inc.

United States District Court, W. D. Pennsylvania.

September 27, 1979.

Attorney(s) appearing for the Case

Robert D. Yeager, Pittsburgh, Pa., Lewis M. Dalgarn, Los Angeles, Cal., for Universal Athletics and Olympia Sports Products.

Stephen P. Laffey, Pittsburgh, Pa., for trustee, John Evans, trustee.

Thomas H. Murray, Pittsburgh, Pa., Hymen Diamond, Monroeville, Pa., Lawrence Zurawsky, Floyd B. Carothers, Robert A. Galanter, Pittsburgh, Pa., for Larry Salkeld, Donald E. Pinchock, S. David Brodsky, individuals, d/b/a Super Athletics Corporation; Wes Hudson, an individual; and Super Athletics Corporation.

William C. Walker, Pittsburgh, Pa., for Whittaker Corp.

OPINION

KNOX, District Judge.

(A) Procedural History.

This complex piece of litigation involving four separate civil actions for various claims of patent and copyright infringement, unfair competition, misuse of patent rights and violation of the antitrust laws has occupied the time of this court and of the court of appeals of this circuit in various matters for more than eight years. The first action No. 71-166 was filed February 12, 1971 against...

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