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COOKINGHAM v. WARREN BROS. CO.

No. 4171.

3 F.2d 899 (1925)

COOKINGHAM v. WARREN BROS. CO.

Circuit Court of Appeals, Ninth Circuit.

February 2, 1925.

Attorney(s) appearing for the Case

I. H. Van Winkle and J. M. Devers, both of Salem, Or., and L. A. Liljeqvist, of Portland, Or., for appellant.

J. M. Head and H. F. Lyman, both of Boston, Mass., and Richard Montague, of Portland, Or., for appellee.

Before GILBERT, ROSS, and HUNT, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above).

Our understanding of Warren's invention is that the mineral aggregate detailed by him of itself resists displacement by traffic. Stability is obtained by following his idea, and is due to the arrangement of the mineral structure which enables the use of a softer asphalt than would be otherwise practical, and this is so by reason of the fact that a greater proportion of the wear and strain is carried by the mineral...

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