MacDOUGALD CONST. CO. v. FINLEY

No. 5505.

38 F.2d 809 (1930)

MacDOUGALD CONST. CO. v. FINLEY.

Circuit Court of Appeals, Fifth Circuit.

March 5, 1930.


Attorney(s) appearing for the Case

John M. Slaton and John A. Sibley, both of Atlanta, Ga., and Ellis Spear, Jr., of Boston, Mass. (John M. Slaton and John A. Sibley, both of Atlanta, Ga., Ellis Spear, Jr., of Boston, Mass., Eiffel B. Gale, of Yonkers, N. Y., and Slaton & Hopkins and Spalding, MacDougald & Sibley, all of Atlanta, Ga., on the brief), for appellant.

Clifford L. Anderson, of Atlanta, Ga., and Charles J. O'Neill, of Washington, D. C. (Charles J. O'Neill, of Washington, D. C., Clifford L. Anderson and Granger Hansell, both of Atlanta, Ga., Ritter, Mechlin & O'Neill, of Washington, D. C., and Anderson, Rountree, Crenshaw & Hansell, of Atlanta, Ga., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and HOLMES, District Judge.


HOLMES, District Judge.

This is an appeal by the defendant below, MacDougald Construction Company, from a final decree upholding the validity of letters patent No. 1,341,458, relating to road construction.

It is claimed that the patent in question involves a new and useful method or process of building asphalt penetration roads in such manner as to avoid rutting, in brief, that the process embraces several steps: (1) Covering the entire roadway with stone...

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