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NATIONAL LEAD CO. v. WESTERN LEAD PRODUCTS CO.

No. 16959.

291 F.2d 447 (1961)

NATIONAL LEAD COMPANY, Appellant, v. WESTERN LEAD PRODUCTS COMPANY, Appellee. WESTERN LEAD PRODUCTS COMPANY, Appellant, v. NATIONAL LEAD COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

June 15, 1961.

Attorney(s) appearing for the Case

Lyon & Lyon by R. Douglas Lyon, Los Angeles, Cal. (W. Philip Churchill, Harry R. Pugh, Jr., and Fish, Richardson & Neave, New York City, of counsel), for appellant.

Ford Harris, Jr., and Harris, Kiech, Russell & Kern, Los Angeles, Cal., for appellee.

Before CHAMBERS, HAMLIN and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

Since cross-appeals are involved, we will in this opinion refer to the parties by their designations in the district court.

The plaintiff, National Lead Company, owner of Mayer patent No. 2,235,487, instituted this action against defendant, Western Lead Products Company, charging infringement of its patent and seeking damages [to be trebled because of the alleged wilful character of the infringement], as well as injunctive relief....

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