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JENSEN v. WESTERN IRR. AND MFG., INC.

No. 78-1550.

650 F.2d 165 (1980)

Arthur E. JENSEN, Plaintiff-Appellant, v. WESTERN IRRIGATION AND MANUFACTURING, INC., Edw. J. Franzwa, B. J. Peters, Mary Byers, Personal Representative of E. A. Byers, AND L. J. Kann, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 3, 1980.

Decided As Amended on Denial of Rehearing September 22, 1980.

Attorney(s) appearing for the Case

Frederick E. Mueller, Los Angeles, Cal., argued for plaintiff-appellant; Arthur L. Whinston, Klarquist, Spakman, Campbell, Leigh, Hall & Whinston, Portland, Or., on brief.

John M. McCormack, Portland, Or., argued for defendants-appellees; J. Pierre Kolisch, Kolisch, Hartwell, Dickinson & Stuart, Portland, Or., on brief.

Before TANG, SCHROEDER and NELSON, Circuit Judges.

SCHROEDER, Circuit Judge:

Appellant Jensen filed suit alleging infringement of a patent and seeking damages and an injunction barring future infringement. This is an appeal from the district court's judgment adopting a magistrate's findings and dismissing of Jensen's infringement action due to laches. The finding of laches is fully supported and we affirm the dismissal of Jensen's claim for past damages. In order, however, to support a dismissal of Jensen's request...

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