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EPIC METALS CORP. v. H.H. ROBERTSON CO.

No. 88-1648.

870 F.2d 1574 (1989)

EPIC METALS CORPORATION, Plaintiff-Appellee, v. H.H. ROBERTSON COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 4, 1989.

Suggestion for Rehearing Declined June 5, 1989.

Attorney(s) appearing for the Case

Walter J. Blenko, Jr., of Eckert Seamans Cherin & Mellott, Pittsburgh, Pa., argued for plaintiff-appellee. With him on the brief was Ronald W. Folino.

Arland T. Stein, of Reed Smith Shaw & McClay, Pittsburgh, Pa., argued for defendant-appellant. With him on the brief were Frederick H. Colen and James G. Uber.

Before NEWMAN and BISSELL, Circuit Judges, and BENNETT, Senior Circuit Judge.

Suggestion for Rehearing In Banc Declined June 5, 1989.

BISSELL, Circuit Judge.

H.H. Robertson Company (Robertson) appeals from an order of the United States District Court, Epic Metals Corp. v. H.H. Robertson Co., No. 86-1714 (W.D.Pa. April 21, 1988), denying Robertson's motion to preliminarily enjoin Epic Metals Corporation (Epic) from allegedly infringing United States Patent No. 3,721,051 ('051), and from an order of the court, Epic Metals Corp...

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