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ROBINE v. APCO, INC.

No. 53, Docket 29321.

386 F.2d 267 (1967)

Paul ROBINE, Jr., and Walter C. Lambert, Plaintiffs-Appellants, v. APCO, INC., a New York corporation, Practical Products, Inc., a New York corporation, and United States Hoffman Machinery Corporation, a Delaware corporation, jointly and severally, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 13, 1967.

Attorney(s) appearing for the Case

Frank C. Sibley, Detroit, Mich. (John C. L. Cowen, Detroit, Mich., and George J. Engelman, New York City, on the brief), for plaintiffs-appellants.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

This appeal by Paul Robine and Walter C. Lambert from a judgment of the United States District Court for the Southern District of New York, entered on March 5, 1964, dismissing their complaint in this patent infringement action, depends on whether the evidence presented any question of fact with regard to the validity of their patent. As we hold that no question of fact was presented and that the court's dismissal of the complaint was proper...

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