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RITCHIE v. LEWIS-BROWNING MFG. CO.

No. 13630.

196 F.2d 434 (1952)

RITCHIE v. LEWIS-BROWNING MFG. CO., Inc., et al.

United States Court of Appeals Fifth Circuit.

May 13, 1952.

Attorney(s) appearing for the Case

Andrew E. Carlsen, Minneapolis, Minn., Wm. C. Church, Jr., San Antonio, Tex., for appellant.

Frank E. Liverance, Jr., Grand Rapids, Mich., B. A. Greathouse, San Antonio, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Appellant, plaintiff, sued appellees, defendants, charging infringement of United States Letters Patent No. 2,024,184 issued December 17, 1935 for a "Roller for Oil Mix Roads". The claims of the patent relied upon are those numbered 2, 3, 4, and 10 copied in the margin.1 The district court found the patent invalid under the holding in Great Atlantic and Pacific Tea Company v. Supermarket Equipment Corporation,

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