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INSUL-WOOL INSULATION CORP. v. HOME INSULATION

Nos. 3830, 3831.

176 F.2d 502 (1949)

INSUL-WOOL INSULATION CORPORATION v. HOME INSULATION, Inc. INSUL-WOOL INSULATION CORPORATION v. FEDERAL INSULATION CO., Inc., et al.

United States Court of Appeals Tenth Circuit.

July 25, 1949.

Attorney(s) appearing for the Case

Claude A. Fishburn, Kansas City, Mo., and Emmet A. Blaes, Wichita, Kan. (M. R. Baker, Oklahoma City, Okl., on the brief), for appellant.

C. Earl Hovey, Kansas City, Mo., (Robert K. Everest and John R. Miller, Oklahoma City, Okl., on the brief), for appellees.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Insul-Wool Insulation Corporation, as assignee of patentee, William J. Kroop, brought these actions against Home Insulation, Inc., and Federal Insulation Company seeking an injunction and damages for an alleged infringement of its Letters Patent No. 2,166,926, for "packing and insulating material". Upon a trial of the consolidated cases the trial court sustained the pleaded defense of invalidity on the grounds of prior knowledge and use of the...

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