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FINLEY v. ASPHALT PAVING CO.

No. 9760.

69 F.2d 498 (1934)

FINLEY et al. v. ASPHALT PAVING CO. OF ST. LOUIS.

Circuit Court of Appeals, Eighth Circuit.

February 19, 1934.

Attorney(s) appearing for the Case

Lawrence C. Kingsland, of St. Louis, Mo. (John D. Rippey and John H. Cassidy, both of St. Louis, Mo., on the brief), for appellants.

Lambert E. Walther, of St. Louis, Mo. (Philip C. Wise and Delos G. Haynes, both of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

WOODROUGH, Circuit Judge.

Sam E. Finley, the owner, and the National Fin-Mix Corporation, an exclusive licensee in a certain territory of patents covering apparatus for and method of preparing bituminous cement aggregate composition, as plaintiffs, brought this suit for alleged infringement of the patents in the usual form against Asphalt Paving Company of St. Louis, defendant. The defendant in its answer pleaded, among other things in bar, a license by contract and...

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