CLARK, District Judge.
This is a dispute between two manufacturers of bituminous (asphalt) emulsion (the Barber Asphalt Company and the Leitch Manufacturing Company, Inc.). Joined as a defendant is the jobber (Stulz-Sickles Company), who sold the product to the ultimate consumer, a road contractor (Standard Bithulithic Company). The plaintiff company had more foresight than the defendant company. It acquired a patent (to Hayden, No. 1,684,671) covering a process for...
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