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HURON MACH. PRODUCTS, INC. v. A. & E. WARBERN, INC.

No. 78-1063.

615 F.2d 222 (1980)

HURON MACHINE PRODUCTS, INC., Plaintiff-Appellant, v. A. AND E. WARBERN, INC., formerly known as Warbern Packaging Industries, Inc. and Warbern Packaging Industries, Inc. of Florida, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 8, 1980.

Attorney(s) appearing for the Case

Barry L. Haley, Fort Lauderdale, Fla., for plaintiff-appellant.

Blum, Moscovitz, Friedman & Kaplan, James K. Silberman, New York City, for defendants-appellees.

Before TUTTLE, BROWN and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

We have here for consideration the validity of a patent which has expired during the course of this litigation. If valid, we then review the district court's finding of infringement.

The patent, No. 3,047,196 (Phillips and Levine), was issued on July 31, 1962. It expired on July 31, 1979. It covers a molded plastic clothes hanger. This hanger is inexpensive, selling for five cents at time of trial, yet it is designed to grip articles...

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