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COMBS v. PLOUGH, INC.

No. 81-5282.

681 F.2d 469 (1982)

Irvin COMBS, Jr., Plaintiff-Appellant, v. PLOUGH, INC., Schering Plough, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 23, 1982.

Attorney(s) appearing for the Case

A. G. Burkhart, Jr., Irwin Cantor, Memphis, Tenn., for plaintiff-appellant.

Herbert E. Gerson, Wildman, Harrold, Allen, Dixon & McDonnell, Robert M. Johnson, Robert F. Miller, Memphis, Tenn., for defendants-appellees.

Before LIVELY and KEITH, Circuit Judges, and GILMORE, District Judge.

PER CURIAM.

On November 4, 1980, Plaintiff-appellant Irvin W. Combs, Jr. filed the present patent infringement action in the United States District Court for the Western District of Tennessee. Plaintiff-appellant Combs admitted that he assigned the patent to Defendant-appellee Plough, Inc. prior to September of 1975, but maintained that the assignment was obtained by fraud. The district court determined that the patent infringement question could not be reached without...

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