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PAUL E. HAWKINSON CO. v. DENNIS

No. 11873.

166 F.2d 61 (1948)

PAUL E. HAWKINSON CO. v. DENNIS et al. DENNIS et al. v. PAUL E. HAWKINSON CO.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1948.

Attorney(s) appearing for the Case

Harold Olsen, of Chicago, Ill., Ralph F. Merchant, of Minneapolis, Minn., and T. Baldwin Martin, of Macon, Ga., for Paul E. Hawkinson Co.

Charles M. Cork, of Macon, Ga., and Charles R. Fenwick, of Washington, D. C., for Dennis et al.

Before HUTCHESON, McCORD, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for infringement of claims 1 and 6 of U. S. Patent No. Reissue 21,956 for a method of retreading tire casings.

Defendants filed eight numbered defenses of invalidity and noninfringement, and a ninth defense1 that plaintiff was misusing its patent to require its licensees to purchase unpatented articles and apparatus for use in connection with the license. There was also a counter-claim for...

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