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FINLEY v. MacDOUGALD CONST. CO.

No. 175.

23 F.2d 204 (1927)

FINLEY v. MacDOUGALD CONST. CO.

District Court, N. D. Georgia.

December 24, 1927.

Attorney(s) appearing for the Case

Anderson, Rountee & Crenshaw, of Atlanta, Ga., and Chas. J. O'Neill, of Washington, D. C., for plaintiff.

Slaton & Hopkins and Spalding, MacDougald & Sibley, all of Atlanta, Ga., Ellis Spear, Jr., of Boston, Mass., and Eiffel B. Gale, of Yonkers, N. Y., for defendant.

SIBLEY, District Judge.

The patent whose validity is here questioned is No. 1,341,458, for a method of treating roadways. In the art of building or resurfacing bituminous macadam roads by the penetration method, to which the patent principally is applied, the procedure, both before 1919, when the invention was made, and since, is usually to spread over the whole width of the road a layer of crushed stone of proper depth and contour, roll it lightly, to compress it...

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