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BARBER ASPHALT CORP. v. LA FERA GRECCO CONTR. CO.

No. 7397.

116 F.2d 211 (1940)

BARBER ASPHALT CORPORATION et al. v. LA FERA GRECCO CONTRACTING CO. et al. (STULZ-SICKLES CO., Intervenor).

Circuit Court of Appeals, Third Circuit.

On Rehearing December 4, 1940.

As Amended December 5, 1940.

Attorney(s) appearing for the Case

Samuel Ostrolenk, of New York City (S. Michael Pineles, Sidney G. Faber, and Orville N. Green, all of New York City, of counsel), for appellants.

Busser & Harding, of Philadelphia, Pa. (Hayward H. Coburn and George J. Harding, both of Philadelphia, Pa., of counsel), for appellees.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

Barber Asphalt Corporation, formally joined as a plaintiff, successor to Barber Asphalt Company and the owner of Hayden United States Patent No. 1,684,671, and the real party in interest, the plaintiff Johnson-March Corporation, as exclusive licensee under the Hayden patent, brought suit against the defendant La Fera Grecco Contracting Company alleging direct infringement of claim 4 of the patent. Stulz-Sickles Company intervened in the suit...

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