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FMC CORPORATION v. F. E. MYERS & BRO. CO.

No. 16962.

384 F.2d 4 (1967)

FMC CORPORATION, Plaintiff-Appellee, v. The F. E. MYERS & BRO. CO., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 28, 1967.

Attorney(s) appearing for the Case

Mack D. Cook, II, Akron, Ohio, for appellant; Everett R. Hamilton, Jack L. Renner, Hamilton & Cook, Akron, Ohio, on brief.

Thomas O. Herbert, San Francisco, Cal., for appellee; John C. Oberlin, Oberlin, Maky & Donnelly, Cleveland, Ohio, Flehr & Swain, San Francisco, Cal., on brief.

Before O'SULLIVAN, CELEBREZZE and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This patent case commenced when plaintiff-appellee, FMC Corporation (hereinafter "FMC") filed a complaint in the United States District Court for the Northern District of Ohio charging defendant-appellant, The F. E. Myers & Bro. Co. (hereinafter "Myers") with infringement of three patents owned by FMC. Myers denied in its answer that the patents were valid and had been infringed. Subsequent to dismissal of the action as to one of the...

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