JOY MFG. CO. v. NATIONAL MINE SERVICE CO., INC.

Appeal No. 86-1029.

810 F.2d 1127 (1987)

JOY MANUFACTURING CO., Appellant, v. NATIONAL MINE SERVICE COMPANY, INC., Appellee.

United States Court of Appeals, Federal Circuit.

January 29, 1987.


Attorney(s) appearing for the Case

Raymond G. Hasley, of Rose, Schmidt, Chapman, Duff & Hasley, Pittsburgh, Pa., argued for appellant. With him on the brief was E. Wallace Breisch, of Pittsburgh, Pa. Of counsel were Edward L. Levine and Raymond W. Augustin, of Joy Mfg. Co., Pittsburgh, Pa.

Stanley J. Price, Jr., of Stanley J. Price, Jr., P.C., Pittsburgh, Pa., argued for appellee.

Before MARKEY, Chief Judge, and NIES and NEWMAN, Circuit Judges.


NIES, Circuit Judge.

Joy Manufacturing Co. appeals from the final order of the United States District Court for the Western District of Pennsylvania, Civil Action No. 80-461, denying Joy's motion to enjoin National Mine Service Company, Inc. from allegedly violating the terms of a settlement agreement. The district court (Cohill, Chief Judge) held that National's acts in filing a request to the Commissioner of Patents and Trademarks for reexamination of Joy's patent...

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