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CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY

Civ. A. No. 41762.

366 F.Supp. 220 (1973)

CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY.

United States District Court, E. D. Pennsylvania.

Opinion on Defense of Misuse of Patents October 5, 1973.

Attorney(s) appearing for the Case

Drinker Biddle & Reath by Lewis H. Van Dusen, Jr., Patrick T. Ryan, Philadelphia, Pa., Braumbaugh, Graves, Donohue & Raymond by Even M. Graves, Joseph D. Garon, Allan H. Bonnell, Sullivan & Cromwell by Michael M. Maney, William T. Stephens, New York City, Ralph M. Jerskey, Richard T. Laughlin, Kearny, N. J., for plaintiff.

Schnader, Harrison, Segal & Lewis by Edward W. Mullinix, Philadelphia, Pa., Morton, Bernard, Brown Roberts & Sutherland by W. Brown Morton, Jr., Malcolm L. Sutherland, Washington, D. C., Howson & Howson by Dexter N. Shaw, Gordon S. Rogers, Philadelphia, Pa., Donovan, Leisure, Newton & Irvine by Sanford M. Litvack, New York City, for defendant.

MEMORANDUM AND ORDER

HANNUM, District Judge.

On February 23, 1972, this Court held that the United States patents in suit, assigned to the plaintiff, Congoleum Industries, Inc. (Congoleum), were valid and infringed by the defendant, Armstrong Cork Company (Armstrong).1 Presently before the Court is Defendant's Motion Under Rule 60(b)(2), Fed.R.Civ.P. to Reopen the Record to allow the defendant to present newly discovered evidence...

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