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AMERIO CONTACT PLATE FREEZERS, INC. v. BELT-ICE CORPORATION

No. 18177.

316 F.2d 459 (1963)

AMERIO CONTACT PLATE FREEZERS, INC., Appellant, v. BELT-ICE CORPORATION and Frank W. Knowles, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 16, 1963.

Attorney(s) appearing for the Case

Robert W. Graham, J. Kenneth Brody and Ford E. Smith, Seattle, Wash., for appellant.

Alfred J. Schweppe, Robert W. Beach and Arthur S. Langlie, Seattle, Wash., for appellees.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge.

Amerio Contact Plate Freezers, Inc. (Amerio), brought this action to have Knowles United States Patent No. 2,927,443 declared invalid and not infringed by Amerio. As assignee of competing MacKenzie United States Patent No. 2,697,920, the company also sought an adjudication, under 35 U.S.C. § 291, concerning interfering patents. Both patents are for machines which automatically freeze packaged foods. By denial and counterclaim the defendants...

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