POWER CURBERS, INCORPORATED v. E. D. ETNYRE & COMPANY

Civ. No. 1196.

187 F.Supp. 819 (1960)

POWER CURBERS, INCORPORATED, Plaintiff v. E. D. ETNYRE & COMPANY and A. E. Finley & Associates, Incorporated, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

October 14, 1960.


Attorney(s) appearing for the Case

Eaton, Bell, Hunt & Seltzer, Charlotte, N. C., Kluttz & Hamlin, Salisbury, N. C., for plaintiff.

Parrott & Richards, Charlotte, N. C., Wolfe, Hubbard, Voit & Osann, Chicago, Ill., for defendants.


WARLICK, District Judge.

This is a patent action in which infringement of claims 1, 3, and 4 of patent No. 2,707,422 is charged. This patent was issued on May 3, 1955 for a Curb Laying Machine to plaintiff as the assignee of the inventor, William E. Canfield. The evidence was heard by the court without a jury. The defenses interposed by the defendant are the usual ones of invalidity and noninfringement.

Plaintiff seeks a permanent injunction as against both...

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