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NATIONAL LEAD COMPANY v. WESTERN LEAD PRODUCTS COMPANY

No. 18016.

324 F.2d 539 (1963)

NATIONAL LEAD COMPANY, Appellant, v. WESTERN LEAD PRODUCTS COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 24, 1963.

Attorney(s) appearing for the Case

Fish, Richardson & Neave, W. Philip Churchill and Harry R. Pugh, Jr., New York City, Lyon & Lyon, Los Angeles, Cal., for appellant.

Harris, Kiech, Russell & Kern, and Ford Harris, Jr., Los Angeles, Cal., for appellee.

Before JERTBERG and KOELSCH, Circuit Judges, and BOWEN, District Judge.

JERTBERG, Circuit Judge.

Since cross-appeals are involved, we will in this opinion refer to parties by the designation in the District Court.

The plaintiff, National Lead Company, owner of the Mayer Patent No. 2,235,487 instituted this action against defendant, Western Lead Products Company for infringement of its patent and seeking damages [to be trebled because of the alleged wilful character of the infringement] as well as injunctive relief. Defendant filed...

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