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SMITH v. SINCLAIR REFINING COMPANY

No. 68, Docket 24679.

257 F.2d 328 (1958)

William Alvah SMITH, Plaintiff-Appellant, v. SINCLAIR REFINING COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 7, 1958.

Attorney(s) appearing for the Case

George A. Smith, Philadelphia, Pa. (Harold I. Popp, Buffalo, N. Y., Edward Paul Smith, Philadelphia, Pa., on the brief), for plaintiff-appellant.

Roger T. McLean, New York City (Curt von Boetticher, Jr., New York City, Clayton M. Smith, Buffalo, N. Y., on the brief), for defendant-appellee.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff brought this action on May 4, 1955 for the infringement of patent 2,247,926 issued to him on July 1, 1941. The defendant, amongst other defenses, pleaded laches. Thereafter a separate trial on the issue of laches was held and resulted in a judgment in defendant's favor dismissing the complaint on the merits. Comprehensive findings of fact and conclusions of law were made by the trial court.

Plaintiff filed an application for...

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