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H. J. HEINZ COMPANY v. OWENS

No. 12655.

191 F.2d 257 (1951)

H. J. HEINZ COMPANY, a corporation, Appellant, v. Charles H. OWENS, Appellee.

United States Court of Appeals Ninth Circuit.

August 14, 1951.

Attorney(s) appearing for the Case

Frederick M. Fisk, San Francisco, Cal., William H. Parmelee, Pittsburgh, Pa. (Paul M. Duff, Christy, Parmelee & Strickland, all of Pittsburgh, Pa., Chickering & Gregory, San Francisco, Cal., of counsel), for appellant.

Morris Lowenthal, San Francisco, Cal., for appellee.

Before BONE, POPE and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Appellant's separate petitions "For Correction of Errors" and "For Rehearing" assert among other things that this court has misconceived the factual basis and legal holding of a state court adjudication with reference to the matter in controversy. In one particular, appellant is correct. Owens did not claim and the state court did not find that Heinz had actually infringed the Owens patent. Rather Owens...

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