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RITE-NAIL PACKAGING CORP. v. BERRYFAST, INC.

Nos. 82-4159, 82-4171.

706 F.2d 933 (1983)

RITE-NAIL PACKAGING CORP., A Corporation and Donald B. Halstead, Plaintiffs-Appellees, v. BERRYFAST, INC., A Corporation, Defendant-Appellant. RITE-NAIL PACKAGING CORP., A Corporation and Donald B. Halstead, Plaintiffs-Appellants, v. BERRYFAST, INC., A Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1983.

Attorney(s) appearing for the Case

Francis A. Even, Fitch, Even, Tabin, Flannery & Welsh, Chicago, Ill., for defendant-appellant cross-appellee.

John D. Pope, III, P.C., St. Louis, Mo., for plaintiffs-appellees cross-appellants.

Before BROWNING, Chief Judge, PREGERSON and POOLE, Circuit Judges.

PER CURIAM:

Rite-Nail Packaging Corporation and Donald B. Halstead sued Berryfast, Inc., for infringement of U.S. Patent No. 3,432,895, the Halstead patent, issued in 1969 for a machine for packaging nails in plastic strips for use in a power-operated nailing gun, and for breach of a license agreement under that patent. Berryfast counterclaimed, seeking declaratory judgment that the Halstead patent was invalid, recission of the license agreement, and restitution of...

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