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ZACHOS v. SHERWIN-WILLIAMS CO.

No. 12092.

166 F.2d 79 (1948)

ZACHOS v. SHERWIN-WILLIAMS CO.

Circuit Court of Appeals, Fifth Circuit.

February 5, 1948.

Attorney(s) appearing for the Case

Devereaux F. McClatchey, E. T. Newton, and Noah J. Stone, all of Atlanta, Ga. (Bernard F. Garvey, Joseph A. O'Connell and Irving L. McCathran, all of Washington, D. C., of counsel), 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.

PER CURIAM.

The validity of the patent to Holmes, as to the matters discussed by the district judge and in our opinion, needs no further examination. The ground for rehearing now pressed is that the case in the district court should have been reopened on the timely motion there made to receive newly discovered evidence as to use by others of the patented device more than two years prior to the application of Holmes. Gairing Tool Co. v. Eclipse, 6 Cir., 43 F.2d 73...

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