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NATIONAL PATENT DEV. v. T.J. SMITH & NEPHEW, LTD.

No. 88-7062.

865 F.2d 353 (1989)

NATIONAL PATENT DEVELOPMENT CORPORATION, Appellant v. T.J. SMITH & NEPHEW, LIMITED.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1989.

As Amended January 13, 1989.

Attorney(s) appearing for the Case

C. Frederick Leydig, with whom Jeffrey S. Ward and John P. Bundock, Chicago, Ill., were on the brief, for appellant.

Albert L. Jacobs, Jr., with whom Mark H. Sparrow and Stephen M. Haracz, New York City, were on the brief, for appellee.

Lloyd N. Cutler and A. Stephen Hut, Jr., Washington, D.C., also entered appearances for appellee.

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges and GIBSON, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge RUTH BADER GINSBURG in which Senior Circuit Judge GIBSON joins.

SILBERMAN, Circuit Judge.

Appellant National Patent Development Corporation ("National"), an American company, sued T.J. Smith & Nephew, Limited, a British company, in the district court seeking, inter alia, a declaratory judgment that National has a 50% ownership interest in certain...

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