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WHAM-O-MFG. CO. v. PARADISE MANUFACTURING CO.

No. 18442.

327 F.2d 748 (1964)

WHAM-O-MFG. CO., a corporation, Appellant, v. PARADISE MANUFACTURING CO., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

January 31, 1964.

Attorney(s) appearing for the Case

Christie, Parker & Hale, and Robert R. Thornton, Pasadena, Cal., for appellant.

William C. Babcock and G. Merle Bergman, Long Beach, Cal., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and BOWEN, District Judge.

KOELSCH, Circuit Judge.

Wham-O-Mfg. Co., the owner of Carrier patent [U.S. Letters Patent #2982547, issued May 2, 1961] brought this suit against Paradise Manufacturing Co. for patent infringement and unfair competition. Both parties are corporations organized under the laws of California and have their principal places of business in that state.

The district court, concluding that the patent was invalid and not infringed, dismissed the infringement claim...

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