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THABET MFG. CO. v. KOOL VENT METAL AWNING CORP.

No. 12251.

226 F.2d 207 (1955)

THABET MANUFACTURING COMPANY, d.b.a. American Beauty Ventilated Aluminum Awning Company, Appellant, v. KOOL VENT METAL AWNING CORPORATION OF AMERICA, Appellee.

United States Court of Appeals Sixth Circuit.

October 7, 1955.

Attorney(s) appearing for the Case

Lawrence H. Cohn, St. Louis, Mo. (Ira R. Cole, Toledo, Ohio, Terry & Cohn, St. Louis, Mo., of counsel), for appellant.

William H. Parmelee, Pittsburgh, Pa. (Harry O. Ernsberger, Toledo, Ohio, Francis W. McCauley, Detroit, Mich., of counsel), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The appellee, Kool Vent Metal Awning Corporation of America, filed this action in the District Court seeking an injunction against the appellant and an accounting for alleged infringement of two patents relating to metal awnings. The appellant pleaded invalidity of the patents and non-infringement. Other defenses were raised in the District Court but are not involved in this appeal. The District Judge found the patents valid...

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