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SMITH v. GENERAL FOUNDRY MACH. CO.

No. 5840.

174 F.2d 147 (1949)

SMITH et al. v. GENERAL FOUNDRY MACH. CO., Inc., et al.

United States Court of Appeals Fourth Circuit.

May 6, 1949.

Attorney(s) appearing for the Case

W. Brown Morton, of New York City (Jesse A. Jones, of Kinston, N. C., Pennie, Edmonds, Morton & Barrows, of New York City, and Frank H. Kennedy, of Charlotte, N. C., on the brief), for appellants.

Warley L. Parrott, of Charlotte, N. C., and Lycurgus R. Varser, of Lumberton, N. C. (Channing L. Richards, of Charlotte, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This appeal was taken from a summary judgment based upon the pleadings, affidavits and admissions filed by the parties whereby the District Court, finding no material issue of fact, held that the defendants had not infringed United States patent No. 1,811,980 for drying house granted to Forrest H. Smith on June 30, 1931, or United States patent No. 2,051,348 for drying house issued to Forrest H. Smith on August 18, 1936.

The patents relate...

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