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ZACHOS v. SHERWIN-WILLIAMS CO.

No. 12092.

164 F.2d 234 (1947)

ZACHOS v. SHERWIN-WILLIAMS CO.

Circuit Court of Appeals, Fifth Circuit.

Judgment Suspended February 5, 1948.

Attorney(s) appearing for the Case

Devereaux F. McClatchey, E. T. Newton, and Noah J. Stone, all of Atlanta, Ga., for appellant.

Clair W. Fairbank, of New York City, and William K. Meadow, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

In the district court the validity of Claim 1 of the Holmes patent No. 2,169,952 owned by appellee was held valid and infringed by a device made and used (under a junior patent) by appellant. The devices are useful mainly in mixing paints by volume so as to obtain accurately desired shades, and consist essentially of a light-transmitting rod or tube lowered into an otherwise dark container of known capacity to a measurable depth, so that the...

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