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W. D. DODENHOFF CO. v. GASTONIA TEXTILE MACHINERY CO.

Nos. 7017, 7025.

228 F.2d 539 (1955)

W. D. DODENHOFF CO., Inc., Appellant, v. GASTONIA TEXTILE MACHINERY COMPANY, a corporation, Fiber Controls Corporation, a corporation, and Charles Barnes, Appellees. W. D. DODENHOFF CO., Inc., Appellant, v. PROCTOR & SCHWARTZ, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 27, 1955.

Attorney(s) appearing for the Case

B. D. Watts, Cleveland, Ohio, and C. F. Haynsworth, Jr., Greenville, S. C. (Richey, Watts, Edgerton & McNenny, F. O. Richey, H. F. McNenny, Cleveland, Ohio, Haynsworth, Perry, Bryant, Marion & Johnstone, C. F. Haynsworth, Jr., Greenville, S. C., on the brief), for appellant in both cases.

David E. Varner, Washington, D. C. (C. Willard Hayes, Cushman, Darby & Cushman, Washington, D. C., on the brief), for appellees Gastonia Textile Machinery Co. and others. Charles H. Howson, Jr., Philadelphia, Pa. (Howson & Howson, Dexter N. Shaw, Philadelphia, Pa., F. Dean Rainey, Greenville, S. C., on the brief), for appellee Proctor & Schwartz, Inc.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This case relates to the validity and infringement of United States patent No. 2,412,506 issued December 10, 1946 to Oren W. Greene, Robert W. Twitty and Therman L. Ritchie as assignors on an application filed May 1, 1945. Through various assignments of title the patent is now vested in W. D. Dodenhoff Co., Inc., which has been substituted as the sole plaintiff in both cases. In case No. 7017 Gastonia Textile Machinery Company, Fiber Controls...

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