No. 18173.

315 F.2d 416 (1963)

COAST METALS, INC., a corporation, Appellant, v. WALL COLMONOY CORPORATION, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 27, 1963.

Attorney(s) appearing for the Case

Christie, Parker & Hale, Robert L. Parker and Andrew J. Belansky, Pasadena, Cal., for appellant.

Lyon & Lyon and Charles G. Lyon, Los Angeles, Cal., and Harness, Dickey & Pierce, Don K. Harness, and Neal A. Waldrop, Detroit, Mich., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and FOLEY, Jr., District Judge.

FOLEY, Jr., District Judge.

Coast Metals, Inc., brought suit for infringement of Patent No. 2,755,183 and Patent No. 2,743,177 against Wall Colmonoy Corporation. The appellee denied infringement, alleging invalidity because of prior use and prior invention due to the state of the art at the time of the alleged invention.

The District Court entered a judgment finding both patents invalid and Coast Metals, Inc. now appeals from so much thereof as deals with...

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