MINNESOTA MINING & MFG. CO. v. UNITED STATES RUBBER CO.

Civ. A. Nos. 336-R, 1026-G.

178 F.Supp. 385 (1959)

MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation of Delaware, Plaintiff, v. UNITED STATES RUBBER COMPANY, a corporation of New Jersey, Lowder Hardware Company, Inc., a corporation of North Carolina, and E. Walker Duvall, d/b/a Rockingham Hardware Company, Defendants. MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation of Delaware, Plaintiff, v. GOODYEAR TIRE & RUBBER COMPANY, Inc., and Carolina Tire Company of Thomasville, N. C., Inc., Defendants.

United States District Court M. D. North Carolina, Greensboro Division.

November 19, 1959.


Attorney(s) appearing for the Case

Welch Jordan and Luke Wright, Greensboro, N. C., Harold J. Kinney, St. Paul, Minn., Estill E. Ezell, St. Louis, Mo., and M. K. Hobbs, Winter Park, Fla., for plaintiff.

Thornton H. Brooks, Greensboro, N. C., J. A. Spruill, Jr., Cheraw, S. C., Hector M. Holmes, Boston, Mass., and Frank E. Barrows, New York City, for defendants.


HAYES, District Judge.

In August, 1954, plaintiff filed in this district a bill of complaint against Sears, Roebuck and Company, for infringing the Oace Patent No. 23,843. The defense was conducted by Plymouth Rubber Company, Inc., the manufacturer of the accused product, who came into the case as a party defendant. The case was tried during 1955. The taking of evidence was completed November 30. The district court found...

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