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FINLEY v. MacDOUGALD CONST. CO.

No. 5410.

28 F.2d 674 (1928)

FINLEY v. MacDOUGALD CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

October 26, 1928.

Attorney(s) appearing for the Case

Chas. J. O'Neill, of Washington, D. C., and Clifford L. Anderson, Robert C. Alston, Granger Hansell, Anderson, Rountree & Crenshaw, and Alston, Alston, Foster & Moise, all of Atlanta, Ga., for appellant.

John M. Slaton and John A. Sibley, both of Atlanta, Ga., Ellis Spear, Jr., of Washington, D. C., Eiffel B. Gale, of Yonkers, N. Y., and Slaton & Hopkins and Spalding, MacDougald & Sibley, all of Atlanta, Ga., for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

A careful examination of the record in this case leads us to agree fully with the trial court, and inasmuch as he has covered the disputed points, both of law and fact, in a clear and well-considered opinion, we adopt and quote the same below, feeling that we need add nothing thereto:

"The critical question is the validity of the patent alleged to have been infringed, being No. 1,411,777, a method for treating roadways. Claims 2 and...

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