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UNITED STATES ALUMINUM CORP. v. KAWNEER CO., INC.

No. 81-5976.

694 F.2d 193 (1982)

UNITED STATES ALUMINUM CORPORATION, a California corporation, Plaintiff-Appellant, v. KAWNEER CO., INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Joseph R. Evanns, Beverly Hills, Cal., argued, for plaintiff-appellant; Albert M. Herzig, Herzig & Walsh, Inc., Beverly Hills, Cal., on brief.

Clemens Hufmann, Chicago, Ill., argued, for defendant-appellee; George J. Netter, Kendrick, Netter & Bennett, Los Angeles, Cal., Philip Peterson, Chicago, Ill., John K. Uilkema, Naylor, Neal & Uilkema, San Francisco, Cal., on brief.

Before ANDERSON, FERGUSON, and REINHARDT, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

United States Aluminum Corp. (Aluminum) brought a declaratory judgment action against Kawneer Company to declare invalid patents Kawneer held for "mullions." The district court denied Aluminum's motion for preliminary injunction and granted Kawneer's motion to transfer the action to another district.

I. FACTS

A. Georgia Action

Kawneer Company filed a complaint alleging patent infringement by several defendants...

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