HEYL & PATTERSON, INCORPORATED v. McDOWELL COMPANY

No. 8654.

317 F.2d 719 (1963)

HEYL & PATTERSON, INCORPORATED, Appellant and Cross-Appellee, v. McDOWELL COMPANY, Incorporated, and Norfolk and Western Railway Company, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided May 14, 1963.


Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond, Va. (Bowles, Boyd & Herod, Richmond, Va., Edward Hoopes III, and Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., on brief), for appellant and cross-appellee.

Justin W. Macklin and John F. Pearne, Cleveland, Ohio (Fielding L. Williams, and Williams, Mullen & Christian, Richmond, Va., on brief), for appellees and cross-appellants.

Before SOPER, BOREMAN, and J. SPENCER BELL, Circuit Judges.


J. SPENCER BELL, Circuit Judge.

The instant action involves a claim of patent infringement; the defenses raised are non-infringement and invalidity of the patent. A cross claim for a declaratory judgment of the patent's invalidity is asserted.

The handling of frangible bulk material, in the instant action the delivery of coal from shoreside to a ship's hold, has proved difficult where it was necessary to prevent breakage. For certain uses, it is helpful for...

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