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GREEN v. RICH IRON CO., INC.

90-1309.

944 F.2d 852 (1991)

Michael GREEN, Plaintiff-Appellant, v. The RICH IRON COMPANY, INC., d/b/a Rich Iron, George Rizzo, Sr., and George Rizzo, Jr., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 11, 1991.

Attorney(s) appearing for the Case

David M. Shenkman, David M. Shenkman, P.A., Coral Gables, Fla., argued, for plaintiff-appellant.

Fred E. McKelvey, Sol., Arlington, Va., argued, for amicus curiae, Com'r of Patents and Trademarks. With him on the brief was Richard E. Schafer.

Robert C. Kain, Jr., Cesarano & Kain, P.A., Miami, Fla., argued, for defendants-appellees. With him on the brief was Alan R. Soven, Alan R. Soven, P.A., Miami, Fla., of counsel.

Before MAYER, MICHEL and LOURIE, Circuit Judges.

OPINION

MAYER, Circuit Judge.

Michael Green appeals from the orders of the United States District Court for the Southern District of Florida in No. 88-2342-CIV compelling him to seek reissue of his patent from the Patent and Trademark Office (PTO) and staying the case pending the PTO's determination. We reverse and remand.

Background

Green sued The Rich Iron Company and two individuals,...

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