WILLIAM T. ALVARADO SALES CO. v. RUBALOFF

No. 15855.

263 F.2d 926 (1959)

WILLIAM T. ALVARADO SALES CO., and Spee-Dee Checkout Systems, Inc., Appellants, v. Sidney S. RUBALOFF and Abraham M. Gross, individually and doing business as Check-A-Matic Co., and Du-More Fixture Co., Inc., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 9, 1959.


Attorney(s) appearing for the Case

Fred H. Miller, Hazard & Miller, Los Angeles, Cal., Earl & Webb, Kalamazoo, Mich., for appellants.

Bernard Kriegel, Paul P. Selvin, Lynn H. Latta, Los Angeles, Cal., for appellees.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


HAMLEY, Circuit Judge.

This is a patent infringement suit between competing manufacturers and sellers of supermarket check stands. The trial court found and concluded that the patent is invalid because of the prior art and for lack of invention. Without reaching the question of infringement, therefore, the court entered judgments for the defendants. Plaintiffs appeal.

Plaintiff Spee-Dee Checkout Systems, Inc., is the owner of United States patent No. 2,599...

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