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XETA, INC. v. ATEX, INC.

No. 87-1282.

825 F.2d 604 (1987)

XETA, INC., Plaintiff, Appellant, v. ATEX, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 6, 1987.

Attorney(s) appearing for the Case

Gael Mahony, Timothy J. Dacey, Barbara F. Berenson, Hill & Barlow, Thomas C. O'Konski, Stephen Y. Chow, Cesari & McKenna, Boston, Mass., John T. Manaras, Bedford, Mass., Martha V. Gordon, and Devine, Millimet, Stahl & Branch, P.A., Manchester, N.H., on Motion to Transfer & Memorandum in Support thereof for appellees ATEX, Inc.

Thomas H. Richards, Daniel P. Schwarz and Sheehan, Phinney, Bass & Green Prof. Ass'n., Manchester, N.H., on Memorandum in Opposition thereof for appellant XETA, Inc.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

PER CURIAM.

The appellees in this case, Atex, Inc. and Eastman Kodak Company (hereinafter referred to collectively as "Atex"), have moved this court for a transfer of their appeal to the U.S. Court of Appeals for the Federal Circuit pursuant to 28 U.S.C. § 1631. Atex argues that the Federal Circuit has exclusive jurisdiction over their appeal from the district court's denial of a preliminary injunction because the case "was based in whole or in part" on patent...

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