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COAL PROCESSING EQUIPMENT, INC. v. CAMPBELL

No. C-1-78-0161.

578 F.Supp. 445 (1981)

COAL PROCESSING EQUIPMENT, INC., Plaintiff, v. Bobby C. CAMPBELL, Defendant.

United States District Court, S.D. Ohio, W.D.

August 7, 1981.

Attorney(s) appearing for the Case

Donald M. Lerner, Cincinnati, Ohio, Harvey B. Jacobson, Jr., Washington, D.C., for plaintiff.

Lawrence A. Johnson, Tulsa, Okl., Frank J. Thermes, Dayton, Ohio, William S. Dorman, Tulsa, Okl., for defendant.

OPINION

DAVID S. PORTER, Senior District Judge:

PROCEDURAL POSTURE

This action concerns United States Patent No. 3,926,787 [the "Gay patent"], now owned by defendant Bobby C. Campbell. Plaintiff Coal Processing Equipment, Inc. ["CPE"] filed this action on March 24, 1978, asking in its complaint (doc. 1) for a declaratory judgment that the Gay patent is invalid and uninfringed, for damages on a claim of common law unfair competition, and for attorney...

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