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HOOKER CHEMICALS v. DIAMOND SHAMROCK CORP.

No. Civ-79-714.

520 F.Supp. 204 (1981)

HOOKER CHEMICALS & PLASTICS CORP., Plaintiff, v. DIAMOND SHAMROCK CORPORATION, Defendant.

United States District Court, W. D. New York.

August 18, 1981.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (Paul B. Zuydhoek, Buffalo, N. Y., of counsel), and Kenyon & Kenyon, New York City (Hugh A. Chapin, James H. Callahan, Paul Lempel, Alan T. Bowes, and Michael J. Rudick, New York City, of counsel), for plaintiff Hooker Chemicals.

Hodgson, Russ, Andrews, Woods & Good-year, Buffalo, N. Y. (Victor T. Fuzak, Buffalo, N. Y., of counsel), and Fish & Neave, New York City (John O. Tramontine, New York City, of counsel), for plaintiff E. I. du Pont de Nemours and Co.

Christel, Bean & Linihan, Buffalo, N. Y. (Edwin T. Bean, Buffalo, N. Y., of counsel), and Morgan, Finnegan, Pine, Foley & Lee, New York City (John D. Foley, Thomas P. Dowling, William S. Feiler, Israel Blum, and Joseph A. Calvaruso, New York City, of counsel), for defendant Diamond Shamrock Corp.

CURTIN, Chief Judge.

The facts in this case were set out in detail in my decision of June 23, 1980, and familiarity with that decision will be assumed. Hooker v. Diamond Shamrock, 87 F.R.D. 398 (W.D.N.Y.1980).

The legal background, briefly, is as follows. Hooker sued Diamond Shamrock on six patents in this court. Subsequently, Diamond Shamrock was awarded the '725 patent. Hooker was given leave to add the '725 patent to this suit. Before Hooker was...

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