IMPERIAL STONE CUTTERS, INC. v. SCHWARTZ

No. 18436.

370 F.2d 425 (1966)

IMPERIAL STONE CUTTERS, INC., a Corporation, and Floyd W. Trindle, an Individual, Appellants, v. Herman SCHWARTZ, Appellee.

United States Court of Appeals Eighth Circuit.

December 20, 1966.


Attorney(s) appearing for the Case

Jerry J. Dunlap, of Dunlap & Laney, Oklahoma City, Okl., for appellants. P. H. Hardin, of Hardin, Barton, Hardin & Jesson, Fort Smith, Ark., was with him on the brief.

Bruce H. Shaw, of Shaw, Jones & Shaw, Fort Smith, Ark., for appellee. Orrin M. Haugen, of Adams, Cwayna & Haugen, Minneapolis, Minn., was with him on the brief.

Before VAN OOSTERHOUT and GIBSON, Circuit Judges, and REGISTER, District Judge.


GIBSON, Circuit Judge.

This is an appeal by plaintiffs in a patent infringement suit. The United States District Court for the Western District of Arkansas found the patent in suit invalid because it was anticipated by the prior art and awarded judgment to the defendant. We affirm.

Plaintiff Imperial Stone Cutters (formally Southwest Industrial Products, Inc.) is the assignee of the patent in suit, No. 2,762,359 secured by G. B. Entz in 1956 on an application...

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