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SYNTEX OPHTHALMICS, INC. v. NOVICKY

Appeal Nos. 84-838, 84-857.

767 F.2d 901 (1985)

SYNTEX OPHTHALMICS, INC., et al., Appellees, v. Nick N. NOVICKY, et al., Appellants. George F. TSUETAKI, et al., Appellees, v. Nick N. NOVICKY, et al., Appellants.

United States Court of Appeals, Federal Circuit.

July 18, 1985.

Attorney(s) appearing for the Case

Keith V. Rockey, Chicago, Ill., argued for appellant Novicky.

James W. Gould, Morgan, Finnegan, Pine, Foley & Lee, New York City, argued for appellee Syntec. With him on the brief were Joseph A. DeGirolamo, New York City, of counsel, and Holland C. Capper, Holland C. Capper, Ltd., Chicago, Ill., of counsel.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.

PER CURIAM.

This case is back on remand from the Supreme Court. Our original opinion issued on October 3, 1984, 745 F.2d 1423, 223 USPQ 695, and we shall not restate its contents. Novicky filed a petition for certiorari, mainly relating to the effect we gave to the Illinois state judgment. On March 18, 1985 the Supreme Court granted certiorari, vacated our judgment, and remanded the case "for further consideration in light of Marrese...

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