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WARBERN PACKAGING INDUS., INC. v. CUT RATE PLASTIC, ETC.

Nos. 177, 281, Dockets 78-7473, 78-7496.

652 F.2d 987 (1981)

WARBERN PACKAGING INDUSTRIES, INC., Plaintiff-Appellant-Cross-Appellee, v. CUT RATE PLASTIC HANGERS, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 5, 1981.

Rehearing and Rehearing Denied August 14, 1981.

Attorney(s) appearing for the Case

James K. Silberman, Blum, Kaplan, Friedman, Silberman & Beran, New York City, for plaintiff-appellant-cross-appellee.

Jerome Bauer, Bauer & Amer, P. C., Mineola, N. Y., for defendant-appellee-cross-appellant.

Before VAN GRAAFEILAND and KEARSE, Circuit Judges, and STEWART, District Judge.

Rehearing and Rehearing In Banc Denied August 14, 1981.

STEWART, District Judge:

This is a patent infringement case in which plaintiff-appellant Warbern Packaging Industries, Inc. ("Warbern") seeks damages resulting from the alleged infringement of its now expired patent, No. 3,047,196 (the "Levine patent"), by defendant-appellee Cut Rate Plastic Hangers, Inc. ("Cut Rate"). Plaintiff-appellant appeals from a judgment of the District Court for the Eastern District...

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