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WINSLOW ENGINEERING COMPANY v. SMITH

No. 13551.

228 F.2d 332 (1955)

WINSLOW ENGINEERING COMPANY, Appellant-Petitioner, v. LeRoy SMITH, an individual, doing business as Rol Pak Co., Appellee-Respondent.

United States Court of Appeals Ninth Circuit.

December 14, 1955.

Attorney(s) appearing for the Case

A. Donham Owen, San Francisco, Cal., for appellant.

Lyon & Lyon, Reginald E. Caughey, Los Angeles, Cal., for appellee.

Before DENMAN and POPE, Circuit Judges, and BYRNE, District Judge.

PER CURIAM.

After our former decision in this case, 223 F.2d 438, we granted a rehearing limited to the question whether the appellant's claims are invalid under the rule of Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 277, 69 S.Ct. 535, 538, 93 L.Ed. 672. Reference to our former opinion will disclose the reasons why we previously answered that question in the affirmative.

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