RALPH N. BRODIE CO. v. HYDRAULIC PRESS MFG. CO.

No. 10546.

151 F.2d 91 (1945)

RALPH N. BRODIE CO. et al. v. HYDRAULIC PRESS MFG. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 15, 1945.


Attorney(s) appearing for the Case

Oscar A. Mellin, of San Francisco, Cal., and Edward A. Hathaway, of Philadelphia, Pa., for appellants.

Toulmin & Toulmin, of Dayton, Ohio (Jack E. Hursh, of San Francisco, Cal., and D. C. Staley and Rowan A. Greer, both of Dayton, Ohio, of counsel) for appellee.

Before MATHEWS, STEPHENS, and BONE, Circuit Judges.


MATHEWS, Circuit Judge.

Appellee (The Hydraulic Press Manufacturing Company) brought a suit against appellants (The Ralph N. Brodie Company and The Pelton Water Wheel Company)1 and others for infringement of three pattents (Nos. 2,067,265, 2,136,240 and 2,167,941) owned by appellee. Answering, appellants pleaded as defenses that the patents were invalid, and that, if valid, they were not infringed. The case was tried by the court without...

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