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DEMPSTER BROTHERS, INC. v. BUFFALO METAL CONTAINER CORP.

No. 24, Docket 29673.

352 F.2d 420 (1965)

DEMPSTER BROTHERS, INC., Plaintiff-Appellant, v. BUFFALO METAL CONTAINER CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 3, 1965.

Attorney(s) appearing for the Case

J. Preston Swecker, of Burns, Doane, Benedict, Swecker & Mathis, Washington, D. C. (Conrad Christel, of Christel & Bean, Buffalo, N. Y., Charles D. Snepp of Anderson & Snepp, Knoxville, Tenn., and James P. Burns, of Burns, Doane, Benedict, Swecker & Mathis, Washington, D. C., on the brief), for plaintiff-appellant.

Michael Beilewech, Jr., of Magavern, Magavern, Lowe & Beilewech, Buffalo, N. Y., for defendant-appellee.

Before FRIENDLY and KAUFMAN, Circuit Judges and HERLANDS, District Judge.

KAUFMAN, Circuit Judge:

From the District Court's determination that its patent for a front end loader garbage and pick-up device was invalid, the plaintiff Dempster Brothers, Inc. ("Dempster") appeals. The District Court accurately and succinctly described the patent in suit as a device providing for

"a front end type fork and arm loader which is mounted on a cab over engine truck chassis bearing a body adapted for holding refuse. The loading device permits...

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