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BADA COMPANY v. MONTGOMERY WARD & CO.

Nos. 23436, 23433.

426 F.2d 8 (1970)

The BADA COMPANY, a California corporation, Plaintiff-Appellant, Cross-Appellee, v. MONTGOMERY WARD & CO., Incorporated, an Illinois corporation, Defendant-Appellee, Cross-Appellant. The BADA COMPANY, a California corporation, Plaintiff-Appellant, Cross-Appellee, v. FMC CORPORATION, a Delaware corporation; Weaver Manufacturing Co., a Division of Dura Corporation, a Michigan corporation; Big Four Industries, Incorporated, an Ohio corporation, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 2, 1970.

Attorney(s) appearing for the Case

C. Russell Hale (argued), of Christie, Parker & Hale, M. Roy Spielman, Pasadena, Cal., for appellant.

Lewis E. Lyon (argued), Charles G. Lyon, of Lyon & Lyon, Los Angeles, Cal., for appellee.

Before DUNIWAY, HUFSTEDLER and WRIGHT, Circuit Judges.

Rehearing Denied in No. 23433 June 2, 1970.

EUGENE A. WRIGHT, Circuit Judge:

Appellant is the owner of two patents relating to a system of balancing automobile wheels, and of the registered trademarks "Micro" and "Micro-Precision," applicable to wheel weights and balancers used in the patented system. This action is for infringement of both patents and trademarks, and for unfair competition. The District Court found that the patents were invalid for obviousness...

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