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YATES v. JONES

No. 5891.

176 F.2d 794 (1949)

YATES v. JONES.

United States Court of Appeals Fourth Circuit.

Decided August 11, 1949.

Attorney(s) appearing for the Case

A. Yates Dowell, Washington, D. C. (John S. Rixey, Norfolk, Va., on brief), for appellant.

Joe Baily Brown, Pittsburgh, Pa., and W. R. Ashburn, Norfolk, Va. (Ashburn, Agelasto & Sellers, Norfolk, Va., Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa., James B. McDonough, Jr., New York City., and W. R. Cocke, Norfolk, Va., on the brief), for appellees.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

Sheppard Yates, holder of letters patent No. 2,408,358 for a locomotive distributor plate, instituted a civil action in the United States District Court for the Eastern District of Virginia against Samuel Jones, Berkley Machine Works and Foundry Company, Inc., and Seaboard Air Line Railroad Company. Yates alleged that defendants infringed his patent by the use and manufacture of the Berkley plate and sought injunctive and indemnitory relief against...

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