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PARMELEE PHARMACEUTICAL COMPANY v. ZINK

No. 16493.

285 F.2d 465 (1961)

PARMELEE PHARMACEUTICAL COMPANY, and William V. Consolazio, Appellants, v. Lawrence C. ZINK, d/b/a Zink Safety Equipment Company, Appellee.

United States Court of Appeals Eighth Circuit.

January 25, 1961.

Attorney(s) appearing for the Case

Edward A. Haight, Chicago, Ill., Donald E. Johnson, Hovey, Schmidt, Johnson & Hovey, Kansas City, Mo., on the brief, for appellant.

James C. Wood, Chicago, Ill., Lloyd W. Mason, Hofgren, Brady, Wegner, Allen & Stellman, Chicago, Ill., on the brief, for appellee.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and REGISTER, District Judge.

BLACKMUN, Circuit Judge.

This patent infringement action is one instituted by William V. Consolazio, patentee and owner, and Parmelee Pharmaceutical Company, exclusive licensee, against Lawrence C. Zink, d/b/a Zink Safety Equipment Company, seller of the accused product. Injunctive relief and damages are sought. The action is defended by Zink's manufacturer, Standard Safety Equipment Company; the defenses alleged are non-infringement, invalidity, and file wrapper...

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