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AMERICAN PERMAHEDGE, INC. v. BARCANA, INC.

No. 96-1171.

105 F.3d 1441 (1997)

AMERICAN PERMAHEDGE, INC., Plaintiff-Appellant, v. BARCANA, INC., and National Metal Industries, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 31, 1997.

Attorney(s) appearing for the Case

Albert L. Jacobs, Jr., Graham & James LLP, New York City, argued, for plaintiff-appellant. With him on the brief was Michael J. Brown.

Richard B. Klar, New York City, argued, for defendants-appellees.

Before RICH, CLEVENGER, and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

American Permahedge, Inc. (American Permahedge) appeals from an order of the United States District Court for the Southern District of New York granting Barcana, Inc., and National Metal Industries, Inc.'s (National) (Barcana collectively) motion for summary judgment of noninfringement. We affirm.

I

Summary judgment is permissible when there is no genuine issue of material fact and the moving party is entitled to judgment...

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