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ATLAS-PACIFIC ENGINEERING CO. v. GEO. W. ASHLOCK CO.

No. 19041.

339 F.2d 288 (1964)

ATLAS-PACIFIC ENGINEERING COMPANY, a corporation, Appellant, v. GEO. W. ASHLOCK COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing March 10, 1965.

Attorney(s) appearing for the Case

Edward B. Gregg, Melvin R. Stidham, San Francisco, Cal., for appellant.

James M. Naylor, Frank A. Neal, Naylor & Neal, San Francisco, Cal., for appellee.

Before HAMLIN and MERRILL, Circuit Judges, and BASTIAN, Circuit Judge, sitting by designation.

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court in an infringement suit. Plaintiff in the District Court (appellee here) alleged that Claims 5 and 11 of Patent 2,406,736, granted to plaintiff's predecessor in interest for a machine for the automatic high speed pitting of olives, had been infringed. Defendant denied infringement, claimed among other things invalidity of the claims, and urged that the patent was unenforceable because...

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