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WESTERN WILLITE CO. v. TRINIDAD ASPHALT MFG. CO.

Nos. 8156, 8157.

32 F.2d 487 (1929)

WESTERN WILLITE CO. et al. v. TRINIDAD ASPHALT MFG. CO. TRINIDAD ASPHALT MFG. CO. v. WESTERN WILLITE CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 4, 1929.

Attorney(s) appearing for the Case

S. Mayner Wallace, of St. Louis, Mo. (Gurney E. Newlin, of Los Angeles, Cal., on the brief), for Western Willite Co.

James T. Roberts, of St. Louis, Mo. (L. M. Smith and George Eigel, both of St. Louis, Mo., on the brief), for Southern Surety Co.

Howard G. Cook, of St. Louis, Mo., for Trinidad Asphalt Mfg. Co.

Before STONE and KENYON, Circuit Judges, and JOHNSON, District Judge.

STONE, Circuit Judge.

In March, 1924, Trinidad Asphalt Manufacturing Company (appellee herein) entered into separate contracts with the city of St. Louis for the paving of Pendleton avenue and of Meramec street. Each of those contracts required the paving to be in accordance with the Willite process. This was a process covered by letters patent 1,190,615 and consisted, generally speaking, of a mixture of asphaltic binder, sulphate of copper and a filler of finely...

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