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CALDWELL v. KIRK MANUFACTURING COMPANY

No. 16158.

269 F.2d 506 (1959)

Robert E. CALDWELL, an Individual, and Caldwell Manufacturing Company, a Corporation, Appellants, v. KIRK MANUFACTURING COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

August 13, 1959.

Attorney(s) appearing for the Case

Donald H. Zarley, Des Moines, Iowa (M. Talbert Dick, Des Moines, Iowa, and Herman Ginsburg, Lincoln, Neb., on the brief), for appellants.

Carter H. Kokjer, Kansas City, Mo. (Thomas E. Scofield, Kansas City, Mo., Warren C. Johnson, and Cline, Williams, Wright & Johnson, Lincoln, Neb., on the brief), for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the Kirk Manufacturing Company, plaintiff (appellee), in a patent infringement action. The patent in suit is No. 2,581,028 issued to William M. Kirk on January 1, 1952, for an "Animal Rubbing and Oiling Station or Apparatus." The plaintiff owns the patent and is engaged in making and marketing the patented device. The defendants (appellants) make and sell a similar device originated by Robert E. Caldwell...

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