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ANDERSON COMPANY v. TRICO PRODUCTS CORPORATION

No. 136, Docket 25183.

267 F.2d 700 (1959)

ANDERSON COMPANY and Productive Inventions, Inc., Plaintiffs-Appellants, v. TRICO PRODUCTS CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Original Opinion Filed April 24, 1959.

On Motion for Rehearing, Opinion Withdrawn and Case Decided June 26, 1959.

Attorney(s) appearing for the Case

James P. Hume, Chicago, Ill. (John Rex Allen, James C. Wood and Lloyd W. Mason, Chicago, Ill., David L. Landy, Buffalo, N. Y., and Richard S. Melvin, Gary, Ind., on the brief), for plaintiffs-appellants.

Frank G. Raichle, Buffalo, N. Y. (Edwin T. Bean, Buffalo, N. Y., Casper W. Ooms, Chicago, Ill., and Arnold Weiss, Buffalo, N. Y., on the brief), for defendant-appellee.

Before MADDEN, Judge, United States Court of Claims, and LUMBARD and MOORE, Circuit Judges.

MADDEN, Judge.

This is an appeal from a judgment entered March 25, 1958 in the District Court for the Western District of New York dismissing upon the merits plaintiffs' action for alleged infringement of Anderson patent 2,596,063, and from an order denying plaintiffs' motion for new trial. The patent claims in suit define a flexible wiper or cleaner construction adapted to wipe or clean a curved surface as well as a planar surface. The application of curved windshields...

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