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JOHNSTON & JENNINGS CO. v. NEVILLE CO.

No. 7104.

108 F.2d 180 (1939)

JOHNSTON & JENNINGS CO. v. NEVILLE CO. et al.

Circuit Court of Appeals, Third Circuit.

December 4, 1939.

Attorney(s) appearing for the Case

Stebbins, Blenko & Parmelee, of Pittsburgh, Pa. (John F. Oberlin and William R. Day, both of Cleveland, Ohio, of counsel), for appellant.

Brown, Critchlow & Flick, of Pittsburgh, Pa. (Fulton B. Flick, of Pittsburgh, Pa., of counsel), for appellees.

Before BIDDLE, JONES, and BUFFINGTON, Circuit Judges.

BUFFINGTON, Circuit Judge.

As stated by the court below, "this is a patent-infringement suit involving Calhoun Patent No. 1,735,261, issued to Oil Conservation Engineering Company, Assignee, for improvements in flame arresters used for the protection of oil-storage tanks from destruction by fire. * * * The only issue in the case involves the validity of the patent in suit. That issue centers around the use of aluminum in forming the flame-arresting tubes. There is...

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