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BARBER ASPHALT PAVING CO. v. STANDARD ASPHALT & RUBBER CO.

No. 3614.

30 F.2d 281 (1928)

BARBER ASPHALT PAVING CO. v. STANDARD ASPHALT & RUBBER CO.

Circuit Court of Appeals, Seventh Circuit.

October 4, 1928.

Attorney(s) appearing for the Case

Chas. Neave, of New York City, for appellant.

Alexander F. Reichmann, of Chicago, Ill., for appellee.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

The plaintiff, Standard Asphalt & Rubber Company, brought suit to enjoin the further infringement of its Culmer patents (process and product), Nos. 635,429 and 635,430, and to recover damages for past infringements. While the suit was pending, the two patents expired, and the injunctive relief was not further pressed. The court subsequently found the patent valid and infringed, and ordered an accounting of defendant's profits. The...

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