MATTHEWS v. ALLEN

Nos. 6042, 6043.

182 F.2d 824 (1950)

MATTHEWS et al. v. ALLEN et al. MATTHEWS et al. v. KOOLVENT METAL AWNING CO. OF WINSTON-SALEM, Incorporated.

United States Court of Appeals Fourth Circuit.

Decided June 8, 1950.


Attorney(s) appearing for the Case

Albert L. Ely, Akron, Ohio (John S. Cansler, Charlotte, N. C., B. S. Womble, Winston-Salem, N. C., Ely & Frye, Akron, Ohio, Cansler & Cansler, and Womble, Carlyle, Martin & Sandridge, Winston-Salem, N. C., on the brief), for appellants in No. 6042 and appellants and cross-appellees in No. 6043.

Harry H. Semmes and John Gibson Semmes, Washington, D. C. (Lee M. Robinson, Washington, D. C., Curtis M. Clark and Semmes, Keegin, Robinson & Semmes, Washington, D. C., on the brief), for appellee in No. 6042 and appellee and cross-appellant in No. 6043.

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


SOPER, Circuit Judge.

These are patent cases based upon charges of infringement of claims 3, 4, 5, 9 and 10 of Matthews Reissue Patent No. 21,053 issued on April 18, 1939 for a permanent, ventilated awning structure. Both suits were filed in May, 1948, that involved in Appeal No. 6042 against a copartnership operating as Koolvent Metal Awning Company in the area around Charlotte, North Carolina, and that involved in Appeal No. 6043 against Koolvent Metal Awning Company...

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