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TENNECO CHEMICALS v. WILLIAM T. BURNETT & CO.

No. 81-1504.

691 F.2d 658 (1982)

TENNECO CHEMICALS, INC., Appellant, v. WILLIAM T. BURNETT & CO., INC., Appellee, and Reeves Brothers, Inc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 12, 1982.

Rehearing Denied February 25, 1983.

As Amended March 3, 1983.

Attorney(s) appearing for the Case

Caspar C. Schneider, Jr., New York City (Thomas E. Spath, Richard P. Ferrara, Peter H. Bucci, Davis Hoxie Faithfull & Hapgood, New York City, on brief), for appellant.

S. Leslie Misrock, New York City (Stanton T. Lawrence, III, Pennie & Edmonds, New York City, on brief), for appellee Reeves Brothers, Inc.

Alfred W. Breiner, Arlington, Va., for appellee Wm. T. Burnett & Co., Inc.

Before MURNAGHAN, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Appellant Tenneco Chemicals, Inc. brought this action for infringement of its patents by appellees, Reeves Brothers, Inc., and William T. Burnett, Inc. Appellees counterclaimed seeking to declare Tenneco's patents invalid. The district court, at the close of Tenneco's case in chief, granted appellees' motion for involuntary dismissal on the merits, declaring two of the Tenneco patents invalid; a third patent was held not infringed. We affirm...

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