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SMITH v. ACME GENERAL CORPORATION

Nos. 77-3282-3.

614 F.2d 1086 (1980)

Lester L. SMITH, Plaintiff-Appellant and Cross-Appellee, v. ACME GENERAL CORPORATION, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1980.

Attorney(s) appearing for the Case

James H. Tilberry, Meyer, Tilberry & Body, Cleveland, Ohio, Keith K. Nicolls, William E. Lucas, McCaleb, Lucas & Brugman, John K. Lucas, Chicago, Ill., for plaintiff-appellant and cross-appellee.

William C. Sessions, Stephen A. Hill, William C. McCoy, Jr., Bosworth, Sessions & McCoy, Cleveland, Ohio, C. Russell Hale, Christie, Parker & Hale, C. Russell Hale, Pasadena, Cal., for defendant-appellee and cross-appellant.

Before LIVELY and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

KEITH, Circuit Judge:

Plaintiff Lester L. Smith appeals from a judgment of the United States District Court for the Northern District of Ohio, Honorable Robert B. Krupansky presiding, dismissing his complaint pursuant to 35 U.S.C. § 271(a) and (b) for patent infringement and declaring the patent claim in suit invalid pursuant to 28 U.S.C. § 2201. Defendant ACME General Corporation (ACME) cross-appeals from the district court's denial of its prayer for attorneys...

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