NATIONAL CLAY PRODUCTS CO. v. HEATH UNIT TILE CO.

No. 8645.

40 F.2d 617 (1930)

NATIONAL CLAY PRODUCTS CO. v. HEATH UNIT TILE CO.

Circuit Court of Appeals, Eighth Circuit.

April 10, 1930.


Attorney(s) appearing for the Case

Butler, Lamb, Foster & Pope, of Chicago, Ill., and Breese & Cornwell, of Mason City, Iowa, for appellant.

Robert M. Witwer, of Mason City, Iowa (John A. Senneff, William L. Bliss, and John A. Senneff, Jr., all of Mason City, Iowa, and Justin W. Macklin, of Cleveland, Ohio, on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and DAVIS, District Judge.


STONE, Circuit Judge.

Appellee is the owner of several patents covering shapes of hollow tile used in masonry construction and commercially known as Heath tile. Its business is largely that of making license contracts permitting manufacturers of such clay products to operate under the patents owned by it. Appellant is a manufacturer of clay products, including hollow tile, with its main plants and business located at or near Mason City, Iowa. These plants formerly...

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