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R. H. BAKER & CO. v. SMITH-BLAIR, INC.

No. 18627.

331 F.2d 506 (1964)

R. H. BAKER, & CO., a corporation, and Edward H. Schustack, Appellants, v. SMITH-BLAIR, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

April 29, 1964.

Attorney(s) appearing for the Case

C. G. Stratton, Neil G. McCaroll, Robert L. Harrington, Los Angeles, Cal., for appellants.

A. Donham Owen and Melville Owen, San Francisco, Cal., for appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellant Schustack is the owner of Patent No. 2,713,352 on a pipe repair clamp; appellant R. H. Baker & Co. manufactures the patented devices. Appellee manufactures competing devices. Appellee brought an action under 28 U.S.C.A. § 2201 seeking a declaration that appellee's pipe repair clamp did not infringe appellant Schustack's patent, and that the patent was invalid. Appellants counter-claimed, alleging infringement and demanding...

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