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JACKSON JORDAN, INC. v. PLASSER AMER. CORP.

Appeal Nos. 83-1374, 83-1386.

725 F.2d 1373 (1984)

JACKSON JORDAN, INC., Appellee, v. PLASSER AMERICAN CORPORATION, Appellant. JACKSON JORDAN, INC., Appellant, v. PLASSER AMERICAN CORPORATION and Franz Plasser Bahnbaumaschinen-Industriegesellschaft m.b.h., Appellees.

United States Court of Appeals, Federal Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Alfred H. Plyer, Jr., Chicago, Ill., for appellant.

Phillip H. Mayer, Chicago, Ill., for appellee; Stephen G. Rudisill, Chicago, Ill., and Samuel J. Webster, Norfolk, Va., of counsel.

Before DAVIS, SMITH, and NIES, Circuit Judges.

ORDER

Appellees in Appeal No. 83-1386 have moved that the appeal filed by Jackson Jordan, Inc. be dismissed on the ground that it was not timely filed within the 30 days required under Rule 4(a)(1) Fed.R.App.P. For the reasons indicated below, the motion is denied.

I

In July 1982, Jackson commenced a declaratory judgment suit as to the validity and infringement of Plasser's U.S. Patent No. 3,494...

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