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PENNWALT CORP. v. DURAND-WAYLAND, INC.

Appeal Nos. 85-1882, 85-1933.

833 F.2d 931 (1987)

PENNWALT CORPORATION, Appellant/Cross-Appellee, v. DURAND-WAYLAND, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 6, 1987.

Attorney(s) appearing for the Case

Joel S. Goldhammer, Seidel, Gonda & Goldhammer, P.C., Philadelphia, Pa., argued for appellant/cross-appellee. With him on the brief were Gregory J. Lavorgna and Steven J. Rocci, Philadelphia, Pa., of counsel.

George M. Hopkins, Newton, Hopkins & Ormsby, Atlanta, Ga., argued for appellee/cross-appellant. With him on the brief was Todd Deveau, Atlanta, Ga.

Before MARKEY, Chief Judge, FRIEDMAN, RICH and DAVIS, Circuit Judges, COWEN and BENNETT, Senior Circuit Judges, and SMITH, NIES, NEWMAN, BISSELL, ARCHER and MAYER, Circuit Judges.

BISSELL, Circuit Judge, filed an opinion, in which MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, NIES and ARCHER, Circuit Judges, joined; BENNETT, Senior Circuit Judge, filed a dissent-in-part, in which COWEN, Senior Circuit Judge, SMITH and NEWMAN, Circuit Judges, joined. NIES, Circuit Judge, filed additional views; NEWMAN, Circuit Judge, filed a commentary.

BISSELL, Circuit Judge.

This appeal and cross-appeal are from a judgment of the United States District...

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