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UNION OIL CO. OF CALIFORNIA v. AMERICAN BITUMULS CO.

No. 9152.

109 F.2d 140 (1940)

UNION OIL CO. OF CALIFORNIA v. AMERICAN BITUMULS CO.

Circuit Court of Appeals, Ninth Circuit.

January 16, 1940.

Attorney(s) appearing for the Case

Drury W. Cooper, of New York City, and Paul M. Gregg and Philip Subkow, both of Los Angeles, Cal. (Ford W. Harris, of Los Angeles, Cal., of counsel), for appellant.

Felix T. Smith, of San Francisco, Cal., and Frederick S. Lyon and Leonard S. Lyon, both of Los Angeles, Cal., for appellee.

Before WILBUR, HANEY, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from an interlocutory decree holding valid and infringed the two claims of patent No. 1,643,675 issued September 27, 1927, to John Alexander Montgomerie and ordering an accounting.

This patent covers a process for manufacturing a stable emulsion of asphalt. As the patent states, a process was known for preparing an aqueous bituminous emulsion. This old process required the addition of a small proportion of fatty acid...

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