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U.S. STEEL CORP. v. PHILLIPS PETROLEUM CO.

Nos. 88-1166 to 88-1171.

865 F.2d 1247 (1989)

UNITED STATES STEEL CORPORATION, Hercules, Inc., Shell Oil Company, Northern Petrochemical Company, Himont, U.S.A., Inc., Aristech Chemical Corporation, National Distillers and Chemical Corporation, and El Paso Products Company, Appellant, v. PHILLIPS PETROLEUM COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 1989.

Attorney(s) appearing for the Case

Kenneth E. Madsen, Kenyon & Kenyon, New York City, and Stanton Lawrence, Pennie & Edmonds, New York City, argued for appellant. Francis T. Carr, Alan T. Bowes and James Galbraith, Kenyon & Kenyon, New York City, were on the brief, for appellant, of counsel. Also James A. Power, Jr., Pennie & Edmonds, of New York City, was on the brief, for appellant.

Harry J. Roper, Neuman, Williams, Anderson & Olson, Chicago, Ill., argued for appellee. With him on the brief, were Sidney Neuman, Nicholas A. Poulos and George S. Bosy, Chicago, Ill.

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

MARKEY, Chief Judge.

Consolidated appeals from a judgment of the United States District Court for the District of Delaware, Phillips Petroleum Co. v. United States Steel Corp., 673 F.Supp. 1278, 6 USPQ2d 1065 (D.Del.1987) (Longobardi J.), that defendants United States Steel Corporation and its successor in interest, Aristech Chemical Corporation; Hercules Inc.; Shell Oil Company; Northern Petrochemical Co. and its successor...

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