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  5. 883 F.2d 1573 (1989)
 

STATE INDUSTRIES, INC. v. MOR-FLO INDUSTRIES, INC.

Nos. 89-1032, 89-1033.

883 F.2d 1573 (1989)

STATE INDUSTRIES, INC., Plaintiff/Cross-Appellant, v. MOR-FLO INDUSTRIES, INC. and American Appliance Mfg. Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 27, 1989.

Suggestion for Rehearing Declined November 9, 1989.

Attorney(s) appearing for the Case

Paul R. Puerner, Fuller, Puerner & Hohenfeldt, S.C., Milwaukee, Wis., argued for plaintiff/cross-appellant. With him on the brief was Daniel D. Ryan. Also on the brief was Gary Shockley, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, Tenn., of counsel.

Charles W. Bradley, Davis Hoxie Faithful & Hapgood, New York City, argued for defendants-appellants. With him on the brief was Peter H. Priest. Also on the brief was Ronald I. Weiss, Cleveland, Ohio, of counsel.

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

Suggestion for Rehearing In Banc Declined November 9, 1989.

OPINION

MAYER, Circuit Judge.

Mor-Flo Industries, Inc. and its subsidiary, American Appliance Manufacturing Corporation (Mor-Flo), infringed State Industries, Inc's. (State) Patent No. 4,447,377, covering a method of insulating water heaters with foam. State Indus. v. Mor-Flo Indus., 639 F.Supp. 937, 231 USPQ 241 (E.D. Tenn.1986), aff'd,

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