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CALMAR, INC. v. COOK CHEMICAL CO.

Nos. 17540, 17541.

336 F.2d 110 (1964)

CALMAR, INCORPORATED, Appellant, v. COOK CHEMICAL COMPANY, Appellee. COLGATE-PALMOLIVE COMPANY, Appellant, v. COOK CHEMICAL COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 9, 1964.

Attorney(s) appearing for the Case

Robert F. Conrad of Watson, Cole, Grindle & Watson, Washington, D. C., made argument for appellants, Calmar, Inc., and Colgate-Palmolive Co. Francis G. Cole and Raymond P. DeMember of Watson, Cole, Grindle & Watson, Washington, D. C., and James P. Burns, Washington, D. C., of counsel, were with him on the brief for Calmar, Inc.; together with Howard A. Crawford, and Jack W. R. Headley of Lathrop, Righter, Gordon & Parker, Kansas City, Mo., and George H. Mortimer, New York City, of counsel, for Colgate-Palmolive Co.; and William H. Curtis, Kansas City, Mo., also for appellant Calmar, Inc.

Gordon D. Schmidt of Hovey, Schmidt, Johnson & Hovey, Kansas City, Mo., made argument for appellee and was on the brief with George T. Morton, Jr., of Watson, Ess, Marshall & Enggas, Kansas City, Mo.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

Appellants, Calmar, Incorporated and Colgate-Palmolive Company, brought separate actions for declaratory judgment against appellee, Cook Chemical Company, seeking a ruling of invalidity and noninfringement of United States Patent No. 2,870,943 filed on March 4, 1957 and issued on January 27, 1959 to inventor Baxter I. Scoggin, Jr. Cook had acquired ownership of the patent and counterclaimed alleging its validity, infringement by both appellants...

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