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BITUMINOUS PRODUCTS CO. v. HEADLEY GOOD ROADS CO.

No. 526.

2 F.2d 83 (1924)

BITUMINOUS PRODUCTS CO. et al. v. HEADLEY GOOD ROADS CO.

District Court, D. Delaware.

October 16, 1924.

Attorney(s) appearing for the Case

Henry N. Paul (of Fraley & Paul), of Philadelphia, Pa., and William G. Mahaffy, of Wilmington, Del., for plaintiffs.

Augustus B. Stoughton, of Philadelphia, Pa., and Charles F. Curley, of Wilmington, Del., for defendant.

MORRIS, District Judge.

The bill of complaint of Bituminous Products Company, owner, and the Barber Asphalt Company, exclusive licensee, of reissued letters patent No. 15,401, granted July 4, 1922, to L. S. Van Westrum, for improvements in methods of making roads, charges the defendant, Headley Good Roads Company, with infringing the first three claims of that patent.

The defenses are invalidity and noninfringement. The specification states:

"My invention...

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