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E. I. DU PONT DE NEMOURS & CO. v. BERKLEY & CO., INC.

Nos. 79-1219, 79-1231.

620 F.2d 1247 (1980)

E. I. du PONT de NEMOURS & COMPANY, Appellant, v. BERKLEY AND COMPANY, INC., Appellee. E. I. du PONT de NEMOURS & COMPANY, Appellee, v. BERKLEY AND COMPANY, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 13, 1980.

Rehearing and Rehearing Denied March 17, 1980.

Attorney(s) appearing for the Case

John O. Tramontine, Fish & Neave, New York City (argued), Charles R. Wolle, Shull, Marshall & Marks, Sioux City, Iowa, Robert C. Morgan, and Christopher K. Hu, New York City, on brief, for E. I. du Pont, etc.

Dennis W. Johnson and David W. Belin, Des Moines, Iowa (argued), Orrin M. Haugen and Thomas Nikolai, Haugen & Nikolai, Minneapolis, Minn., Belin, Harris, Helmick & Lovrien, Des Moines, Iowa, and William J. Rawlings, Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, Iowa, on brief, for Berkley and Co., Inc.

Before BRIGHT and HENLEY, Circuit Judges, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc Denied March 17, 1980.

MARKEY, Chief Judge.

E. I. du Pont de Nemours & Company (DuPont) appeals from a judgment holding invalid its United States patent No. 3,063,189 (DuPont patent). Berkley & Company, Inc. (Berkley) appeals the dismissal of its antitrust counterclaim and denial of its motion for attorney's fees and costs. We reverse the judgment of invalidity, remand for a new trial on that issue, and affirm the dismissal...

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