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BAIN v. M. A. HANNA COMPANY

No. 15025.

331 F.2d 974 (1964)

Charles Kremer BAIN, Plaintiff-Appellant, v. The M. A. HANNA COMPANY, Defendant-Appellee, and Blaw-Knox Company, Intervenor-Appellee.

United States Court of Appeals Sixth Circuit.

May 18, 1964.

Attorney(s) appearing for the Case

Edmund C. Rogers, St. Louis, Mo., (Lawrence C. Kingsland, St. Louis, Mo., James P. Hume, Chicago, Ill., George S. Roudebush, St. Louis, Mo., on the brief), for appellant.

Walter J. Blenko, Sr., Pittsburgh, Pa. (Paul Rahm, Iron Mountain, Mich., Walter J. Blenko, Jr., Pittsburgh, Pa., on the brief), for appellees.

Before MILLER and CECIL, Circuit Judges, and THORNTON, District Judge.

THORNTON, District Judge.

Plaintiff appeals from a judgment of the District Court holding that (1) all of the claimed novel features of Bain Patent No. 2,667,750 had been described in the cited prior art and specifications, (2) Bain Patent No. 2,667,750 is lacking in novelty and invention, and (3) the method used by defendant in the sinking of the Homer-Wauseca shaft was neither a copy nor was it the equivalent of the method described in Bain Patent No. 2,667,750...

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