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BROS INCORPORATED v. BROWNING MANUFACTURING CO.

No. 17169.

317 F.2d 413 (1963)

BROS INCORPORATED, Appellant, v. BROWNING MANUFACTURING CO. and Shovel Supply Co., Inc., Appellees.

United States Court of Appeals Eighth Circuit.

May 27, 1963.

Attorney(s) appearing for the Case

Andrew E. Carlsen, Minneapolis, Minn., made argument for appellant. Douglas L. Carlsen, of Carlsen, Carlsen & Sturm, Minneapolis, Minn., on the brief.

Warley L. Parrott, Charlotte, N. C., made argument for appellees. Wilton Rankin, of Parrott & Rankin, Charlotte, N. C., on the brief.

Before SANBORN and BLACKMUN, Circuit Judges, and STEPHENSON, District Judge.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiffs, Texas corporations, (appellees) in an action brought by them in June, 1959, against Bros Incorporated, a Minnesota corporation, (appellant) (Bros) to secure a declaratory judgment that its United States Patent No. 2,610,557 for a "Pneumatic Roller Compactor," issued to C. W. Bros, et al., September 16, 1952, on an application filed November 17, 1949, was invalid. In their complaint the plaintiffs...

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