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BLISH, MIZE AND SILLIMAN HDWE. CO. v. TIME SAVER TOOLS

No. 5247.

236 F.2d 913 (1956)

BLISH, MIZE AND SILLIMAN HARDWARE COMPANY, a corporation of Kansas, and Parker Manufacturing Company, a corporation of Massachusetts, Appellants, v. TIME SAVER TOOLS, Inc., a corporation of Illinois; Bruce A. Mackey; and Davrus Corporation, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 19, 1956.

Attorney(s) appearing for the Case

Cedric W. Porter, Boston, Mass. (L. G. Miller, Boston, Mass., on the brief), for appellants.

Owen J. Ooms, Chicago, Ill. (Norman B. Sorter, Kansas City, Kan., on the brief), for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from the District Court of Kansas, holding appellee's patent for a detachable drill bit valid and infringed by appellant's accused device. Appellants first plead noninfringement, then invalidity. But, following what has been said to be the better practice, Sinclair & Carroll Co., Inc., v. Interchemical Corp., 325 U.S. 327, 65 S.Ct. 1143, 89 L.Ed. 1644, we shall first consider the issue of...

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