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CVI/BETA VENTURES, INC. v. TURA LP

No. 96-1167.

120 F.3d 1260 (1997)

CVI/BETA VENTURES, INC., Plaintiff-Appellee, Marchon Eyewear, Inc., Marcolin USA, Inc., and Rothandberg, Inc., Plaintiffs-Appellees, v. TURA LP and Brodart Co., Defendants-Appellants, and Arthur Brody, Defendant, and Bracken Opticians, Defendant.

United States Court of Appeals, Federal Circuit.

August 13, 1997.

Attorney(s) appearing for the Case

James J. Maune, Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiff-appellee CVI/BETA Ventures, Inc. Of counsel was David T. Cunningham.

Edgar H. Haug, Curtis, Morris & Safford, P.C., New York City, for plaintiffs-appellees Marchon Eyewear, Inc., Marcolin U.S.A., Inc. and Rothandberg, Inc. Of counsel were John R. Lane, Daniel G. Brown, and Yvonne K. Tran. Also of counsel were Robert J. Mathias, Piper & Marbury, L.L.P., Baltimore, MD, Robert J. Koch, Fulbright & Jaworski, L.L.P., Washington, DC, and Daniel J. Leffell, Paul, Weiss, Rifkind, Wharton, & Garrison, New York City.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, for defendants-appellants. Of counsel was Darrel C. Karl.

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the APPELLEE, and a response thereto having been invited by the court and filed the APPELLANT, and the petition for rehearing having been referred to the panel that heard the appeal, and thereafter the suggestion for rehearing in banc and response having been referred to the circuit judges authorized to request a poll whether to rehear the appeal in banc, and a poll...

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