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PAECO, INC. v. APPLIED MOLDINGS, INC.

Nos. 76-1495, 76-1496.

562 F.2d 870 (1977)

PAECO, INC., Appellant in No. 76-1495, v. APPLIED MOLDINGS, INC. and Michael R. Sigal, Appellants in No. 76-1496, v. ARLEN REALTY AND DEVELOPMENT CORP.

United States Court of Appeals, Third Circuit.

Decided June 8, 1977.

As Amended August 19, 1977.

Attorney(s) appearing for the Case

Michael D. Bull, May, Grove, Stork & Blakinger, Lancaster, Pa., James E. Siegel, Henry A. Marzullo, Jr., Lackenbach, Lilling & Siegel, New York City, for appellant in No. 76-1495 and as cross-appellee in No. 76-1496.

William P. Cole, Philadelphia, Pa., Richard O. Church, Reading, Pa., Synnestvedt & Lechner, Philadelphia, Pa., for appellees in No. 76-1495 and as cross-appellants in No. 76-1496.

Before GIBBONS, FORMAN and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Plaintiff, Paeco, Inc., is the assignee of U.S. Letters Patent No. 3,561,181 issued to Stephen Bassett for an article of manufacture described as "replica wooden beams." Although molded entirely out of plastic, the beams have the appearance of real wood and can be used for decorative, although not structural, purposes in place of the more costly natural material.

Paeco brought an action in the United States...

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