BROOME v. HARDIE-TYNES MFG. CO.

No. 8451.

92 F.2d 886 (1937)

BROOME et al. v. HARDIE-TYNES MFG. CO.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1937.


Attorney(s) appearing for the Case

Edwin P. Corbett and John J. Mahoney, both of Columbus, Ohio, and James R. Forman, of Birmingham, Ala., for appellants.

Forney Johnston and Henry L. Jennings, both of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

This suit was for injunction, for accounting, and for damages for infringement of letters patent Nos. 1,306,370 and 1,603,406 for sluice gates. The claim was that defendant, without leave or license from plaintiffs, and in defiance of the patents, had made and sold, and was making and selling, devices embodying the inventions described in them.

Defendant denied infringement, and put the validity of the patent at issue. The defense...

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