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GEORGIA KAOLIN COMPANY v. THIELE KAOLIN COMPANY

No. 15401.

228 F.2d 267 (1955)

GEORGIA KAOLIN COMPANY, Appellant and Cross-Appellee, v. THIELE KAOLIN COMPANY, Appellee and Cross-Appellant, THIELE KAOLIN COMPANY, Appellee and Cross-Appellant, v. GEORGIA KAOLIN COMPANY, Appellant and Cross-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 9, 1956.

Attorney(s) appearing for the Case

Alex A. Lawrence, Savannah, Ga., Walter J. Blenko, Pittsburgh, Pa., John B. Harris, John B. Harris, Jr., Macon, Ga., Eugene F. Buell, Pittsburgh, Pa., for appellant.

Charles J. Merriam, Chicago, Ill., Chas. W. Walker, Macon, Ga., Merriam & Lorch, Chicago, Ill., Anderson, Anderson, Walker & Reichert, Macon, Ga., of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

Georgia Kaolin Company (hereafter called appellant) is a New Jersey corporation engaged at its Dry Branch, Georgia plant in the processing of clay for use in the paper coating trade. It originally brought this suit on September 22, 1949 against Thiele Kaolin Company (hereafter called appellee), a Georgia corporation also competitively engaged in clay processing for the paper coating industry, charging infringement of its Maloney patent,

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