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UNITED STATES PIPE AND FOUNDRY COMPANY v. WOODWARD IRON CO.

No. 8932.

329 F.2d 578 (1964)

UNITED STATES PIPE AND FOUNDRY COMPANY, Appellee, v. WOODWARD IRON COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

February 25, 1964.

Attorney(s) appearing for the Case

Edward S. Graves, Lynchburg, Va., and John Gibson Semmes, Washington, D. C., for appellant Woodward Iron Co.

Frank W. Rogers, Roanoke, Va., Hugh P. Carter and Peyton N. Finch, Jr., Birmingham, Ala., for appellee United States Pipe & Foundry Co.

ALBERT V. BRYAN, Circuit Judge.

United States Pipe and Foundry Company, appellee, petitions for a rehearing on the ground that our opinion, filed January 9, 1964, "erred in holding that the disclaimer and abandonment by Mathieu does not erase his application as proof of prior invention". However, the argument was not pressed by U.S. Pipe before us and actually there was no ruling made to that effect.

In the opinion the statement was made, quite correctly,...

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