No. 19286.

315 F.2d 23 (1963)

UP-RIGHT, INC., Appellant, v. SAFWAY PRODUCTS, INC. and R. D. Werner Co., Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 14, 1963.

Attorney(s) appearing for the Case

E. Hastings Ackley, Dallas, Tex., Oscar A. Mellin, San Francisco, Cal., Mellin, Hanscom & Hursh, San Francisco, Cal., for appellant.

Paul Carrington, Marvin S. Sloman, Dallas, Tex., Carrington, Johnson & Stephens, Dallas, Tex., of counsel, for appellees.

Before BROWN and BELL, Circuit Judges, and SIMPSON, District Judge.

GRIFFIN B. BELL, Circuit Judge.

Suit for infringement of United States Letters patent No. 2,438,173 relating to portable, collapsible scaffolding units was brought against Safway Products, Inc., a distributor of the accused Aldek Scaffold. R. D. Werner Co., Inc., the manufacturer of the Aldek scaffold, was permitted to intervene. The charge of infringement was limited to claims 1 and 2 of the patent in suit.1 Two general issues, invalidity...

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