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WAHPETON CANVAS CO., INC. v. FRONTIER, INC.

Nos. 88-1305, 88-1332 and 88-1333.

870 F.2d 1546 (1989)

WAHPETON CANVAS COMPANY, INC., Plaintiff-Appellant, v. FRONTIER, INC., Defendant/Cross-Appellant, Steven C. Schmeichel and Charles M. Schmeichel d/b/a Agri Cover, Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearings Denied April 17, 1989 and May 18, 1989.

Attorney(s) appearing for the Case

Clarence J. Fleming, Jones, Day, Reavis & Pogue, Chicago, Ill., argued for plaintiff-appellant. With him on the brief was Lester J. Savit. Also on the brief were John D. Kelly and Harlan G. Fuglesten, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D.

Douglas J. Williams, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minn., argued for defendants/cross-appellants. With him on the brief was Robert W. Gutenkauf. Also on the brief was Russell M. Maring, of Fargo, N.D. Richard O. Bartz, Burd, Bartz & Gutenkauf, of Minneapolis, Minn., argued for defendants/cross-appellants. With him on the brief was Ronald H. McLean, Serkland, Lundberg, Erickson, Marcil & McLean, Fargo, N.D. R. Carl Moy, of Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., of Minneapolis, Minn., entered an appearance for defendants/cross-appellants.

Before MARKEY, Chief Judge, SMITH and BISSELL, Circuit Judges.

MARKEY, Chief Judge.

Wahpeton Canvas Company (Wahpeton) appeals from a judgment of the United States District Court for the District of North Dakota that Frontier, Inc. (Frontier), and Steven C. Schmeichel and Charles M. Schmeichel, d/b/a Agri Cover (Agri Cover), did not infringe Wahpeton's U.S. Patent No. Re. 31,746 ('746). Frontier cross-appeals a judgment entered on directed verdict on its counterclaims. Agri Cover filed a "cross-appeal" to challenge a ruling that...

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