PURSCHE v. ATLAS SCRAPER AND ENGINEERING CO.

Nos. 16410, 16411.

300 F.2d 467 (1961)

Harry A. PURSCHE, Appellant, v. ATLAS SCRAPER AND ENGINEERING CO., a Corporation, Appellee. ATLAS SCRAPER AND ENGINEERING CO., a Corporation, Appellant, v. Harry A. PURSCHE, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 3, 1962.


Attorney(s) appearing for the Case

Lyon & Lyon by Lewis E. Lyon and John B. Young, Los Angeles, Cal., for Pursche.

R. Welton Whann, Robert M. McManigal, Los Angeles, Cal., and James M. Naylor, San Francisco, Cal., for Atlas Scraper & Engineering Co.

Before BARNES, JERTBERG and KOELSCH, Circuit Judges.


KOELSCH, Circuit Judge.

Harry A. Pursche filed a complaint in the district court charging Atlas Scraper and Engineering Co. with infringement of several patents and with unfair competition. He sought an injunction and damages. Atlas answered, denying generally these charges and affirmatively alleged the usual defenses. In addition, Atlas commenced a separate suit seeking a declaratory judgment of noninfringement and invalidity of those patents. The two actions were...

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