PARK-IN THEATRES v. WATERS

No. 13145.

185 F.2d 193 (1950)

PARK-IN THEATRES, Inc. v. WATERS et al.

United States Court of Appeals Fifth Circuit.

November 14, 1950.


Attorney(s) appearing for the Case

Alvin W. Vogtle, Jr., Birmingham, Ala., Leonard L. Kalish, Philadelphia, Pa., for appellant.

William S. Pritchard, Winston B. McCall, Birmingham, Ala., for appellees.

Before McCORD, BORAH and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

This appeal is from an order of the trial Court sustaining the defendant's motion to dismiss the appellant's suit alleging infringement of Hollingshead Patent No. 1,909,537, and in which order of dismissal the Court determined, as an additional or alternative ground, that the defendant's motion for summary judgment likewise should be granted.1

The complaint, sufficient...

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