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GLIKIN v. SMITH

No. 17561.

269 F.2d 641 (1959)

Paul GLIKIN, d/b/a Beltone Hearing Center, Appellant, v. Alonzo L. SMITH, Appellee.

United States Court of Appeals Fifth Circuit.

August 6, 1959.

Attorney(s) appearing for the Case

Will Freeman, Chicago, Ill., Garrett R. Tucker, Jr., Houston, Tex., Sheldon W. Witcoff, Chicago, Ill., Frank B. Pugsley, Houston, Tex., for appellant.

Joe E. Edwards, J. Vincent Martin, M. H. Gay, Houston, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The subject of this patent litigation is a hearing aid combined with eyeglasses.

Paul Glikin, doing business as Beltone Hearing Center in Houston, Texas, sold hearing aid eyeglasses in which an entire hearing aid was enclosed within one of the sides (temple members or side bows) of a conventional pair of eyeglasses. Alonzo L. Smith, plaintiff-appellee, sued Glikin alleging infringement of claims 1, 3 and 61

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