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ATLAS POWDER CO. v. E.I. DU PONT

Civ. A. No. CA-3-79-1562-G.

588 F.Supp. 1455 (1983)

ATLAS POWDER COMPANY, Plaintiff, v. E.I. DU PONT DE NEMOURS AND COMPANY and Alamo Explosives Company, Inc., Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 14, 1983.

Attorney(s) appearing for the Case

Garland P. Andrews and V. Bryan Medlock, Jr., Richards, Harris & Medlock, Dallas, Tex., for plaintiff.

Stanley E. Neely, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., Joseph M. Fitzpatrick, Fitzpatrick, Cella, Harper & Scinto, New York City, for defendants.

MEMORANDUM OPINION

PATRICK E. HIGGINBOTHAM, District Judge.

This patent infringement suit involves ammonium nitrate fuel oil ("ANFO") explosives that are used in the form of a water-in-oil emulsion. ANFO explosives are used extensively in mining and construction because they are inexpensive and, in contrast to explosives containing high explosive ingredients such as TNT, they can be transported and handled with relative safety. Because they cannot be detonated...

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