HOLMES v. BENDIX CORP.

Appeal No. 83-1179.

713 F.2d 792 (1983)

Horace D. HOLMES, Plaintiff and Third Party Plaintiff-Appellee, v. The BENDIX CORPORATION, Defendant-Appellee, and DETROIT TAP AND TOOL COMPANY, Third Party Plaintiff and Third Party Defendant-Appellant, v. MICRODOT INC. Third Party Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1983.


Attorney(s) appearing for the Case

Thomas N. Young, Troy, Mich., for Horace D. Holmes.

Neal A. Waldrop, Troy, Mich., for The Bendix Corp. and Microdot, Inc.; Malcolm R. McKinnon, Troy, Mich., of counsel.

William J. Schramm, Mount Clemens, Mich., for Detroit Tap and Tool Co.; John E. Nemazi, Mount Clemens, Mich., of counsel.

Before MARKEY, Chief Judge, NICHOLS and BENNETT, Circuit Judges.


ORDER

NICHOLS, Circuit Judge.

This action involves several parties and multiple issues of patent validity, infringement, unfair competition, and alleged violation of the antitrust laws. Detroit Tap and Tool Company (Detroit), third party plaintiff and third party defendant, did not in its pleadings seek injunctive relief. It moved under Fed.R.Civ.P. 56 for a summary judgment on the ground that without its own authorization, parties Bendix and Microdot had...

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