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DRESSER INDUSTRIES, INC. v. SMITH-BLAIR, INC.

No. 17771.

322 F.2d 878 (1963)

DRESSER INDUSTRIES, INC., a Corporation, Appellant, v. SMITH-BLAIR, INC., a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 23, 1963.

Attorney(s) appearing for the Case

Edward B. Gregg, San Francisco, Cal., and Robert E. Burns, New York City, for appellant.

A. Donham Owen, Melville Owen and Roger W. Erickson, San Francisco, Cal., for appellees.

Before CHAMBERS, BARNES and MERRILL, Circuit Judges.

BARNES, Circuit Judge.

Appellee Smith-Blair, Inc., brought this action to obtain a declaratory judgment declaring invalid claims 1 to 8 of United States Patent No. 2,897,568, the Hoke patent, relating to a flexible band-type repair clamp used primarily for repairing breaks and other leaks in underground water distribution systems, owned by Dresser Industries, Inc., a corporation. Appellant counterclaimed alleging infringement by appellee of the same alleged valid...

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