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AMERICAN ORIGINAL CORP. v. JENKINS FOOD CORP.

No. 81-1561.

696 F.2d 1053 (1982)

The AMERICAN ORIGINAL CORPORATION, Appellee, v. JENKINS FOOD CORPORATION, a Maryland Corporation; Sea Watch International Ltd., a Delaware Corporation; H. Allen Smith, Inc., a Virginia Corporation; Walter Quimby; Lawrence DeMarino, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1982.

As Corrected on Denial of Rehearing December 21, 1982.

Attorney(s) appearing for the Case

Peter K. Sommer, Buffalo, N.Y. (Kenneth R. Sommer, Sommer & Sommer, Buffalo, N.Y., on brief), for appellants.

Harold J. Birch, Washington, D.C. (Rodger L. Tate, Schuyler, Banner, Birch, McKie & Beckett, Washington, D.C., Thomas J. Harlan, Jr., Thomas S. Carnes, Doumar, Pincus, Knight & Harlan, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This is a patent infringement action in which American Original complained that the defendants had infringed its patent for hydraulic evisceration of mollusks. Defendants admitted infringement but asserted several grounds on which they claimed the patent was invalid. The district court found that the patent was valid, and the defendants appeal. We affirm.

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