STABLER v. BRIGHT LEAF INDUSTRIES, INC.

No. 17321.

261 F.2d 383 (1958)

E. Vernon STABLER et al., Appellants, v. BRIGHT LEAF INDUSTRIES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 22, 1959.


Attorney(s) appearing for the Case

Edward T. Newton, George M. Hopkins, Atlanta, Ga., Calvin Poole, Greenville, Ala., for appellants.

Hugh P. Carter, Birmingham, Ala., Paul B. Bell, Charlotte, N. C., Eaton, Bell, Hunt & Seltzer, Charlotte, N. C., Jennings, Carter & Thompson, Birmingham, Ala., of counsel, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The plaintiff, Bright Leaf Industries, sued the defendants for patent infringement. The patent in suit, issued to Gilder S. Horne June 7, 1949,1 covers an improved system and apparatus for curing tobacco. The district court, after granting a temporary injunction, held that the defendants had infringed the patent in suit and issued a permanent injunction. The defendants argue that (1) the Horne patent is invalid for...

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