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VAN BRODE MILLING CO. v. COX AIR GAUGE SYSTEM, INC.

No. 16168.

279 F.2d 313 (1960)

VAN BRODE MILLING CO., Inc., Appellant, v. COX AIR GAUGE SYSTEM, INCORPORATED, Appellee.

United States Court of Appeals Ninth Circuit.

May 27, 1960.

Attorney(s) appearing for the Case

Lyon & Lyon, Reginald E. Caughey, Los Angeles, Cal., Kirschstein, Kirschstein & Ottinger, New York City, for appellant.

Buchalter, Nemer, Fields & Savitch, Los Angeles, Cal., Kane, Kessler & Proujansky, Albert N. Proujansky, New York City, Edward Halle, New York City, for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

Appellant, assignee of a patent for plastic battery hold-down frames, brought this action in the court below for patent infringement and unfair competition. Appellee Cox Air Gauge System, Incorporated, a distributor of the accused frames, brought a counterclaim for declaratory judgment as to the validity of the suit patent. The district court found no infringement or unfair competition, and further found the suit patent invalid. The district...

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