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FLORENCE-MAYO NUWAY CO. v. HARDY

No. 5695.

168 F.2d 778 (1948)

FLORENCE-MAYO NUWAY CO. v. HARDY et al.

Circuit Court of Appeals, Fourth Circuit.

May 4, 1948.

Attorney(s) appearing for the Case

J. Hanson Boyden of Washington, D. C. (Lamb & Lamb and Luke Lamb, all of Wilson, N. C., and Stone, Boyden & Mack of Washington, D. C., on the brief), for appellant.

John J. Darby, of Washington, D. C. (K. A. Pittman, of Snow Hill, N. C., William A. Lucas, of Wilson, N.C., William M. Cushman, John W. Malley and Cushman, Darby & Cushman, all of Washington, D. C., and Lucas & Rand, of Wilson, N. C., on the brief), for appellees.

Before PARKER, SOPER and DOBIE. Circuit Judges.

PARKER, Circuit Judge.

This is an appeal by plaintiff in a patent infringement suit. Plaintiff is the owner of re-issue patent No. 22,221, covering an air conditioned tobacco curing barn, issued to one Reuben E. Mayo who was the holder of original patent No. 2,090,633 dealing with the same subject matter. Defendant C. L. Hardy is alleged to infringe the reissue patent by the operation of tobacco curing barns embodying the Mayo invention; and he and the other defendants...

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