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NORTON COMPANY v. CARBORUNDUM COMPANY

Civ. A. No. 69-661-G.

397 F.Supp. 639 (1975)

NORTON COMPANY, Plaintiff, v. CARBORUNDUM COMPANY, Defendant.

United States District Court, D. Massachusetts.

As Amended June 24, 1975.

Attorney(s) appearing for the Case

Allen Kirkpatrick, Cushman, Darby & Cushman, Washington, D. C., Joseph L. Cotter, Goodwin, Procter & Hoar, Boston, Mass., for plaintiff.

William H. Webb, Pittsburgh, Pa., John M. Hall, Choate, Hall & Stewart, Boston, Mass., for defendant.

OPINION1

ALDRICH, Senior Circuit Judge.*

In this action for patent infringement defendant asserts the usual defenses of invalidity and non-infringement, and adds a fillip — fraud in obtaining the patent and use of the patent in restraint of trade. The patent is No. 3,181,939, Marshall & Roschuk, Fused Alumina-Zirconia Abrasives, applied for January 27, 1961, and issued May...

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