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PAYNE METAL ENTERPRISES, LIMITED v. McPHEE

No. 21170.

382 F.2d 541 (1967)

PAYNE METAL ENTERPRISES, LIMITED, a corporation, and Payne Manufacturing Company, Limited, a corporation, Appellants, v. James E. McPHEE, and Anchor Products, Inc., a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

July 27, 1967.

Attorney(s) appearing for the Case

Thomas Mahoney, Mahoney, Halbert & Hornbaker, Santa Monica, Cal., for appellants.

Ashley Stewart Orr, Kendrick, Subkow & Stolzy, Los Angeles, Cal., for appellees.

Before BARNES, HAMLEY and ELY, Circuit Judges.

HAMLEY, Circuit Judge:

This suit involves the validity and infringement of U. S. Design Patent No. 176,986 (McPhee No. '986), issued to James E. McPhee on February 28, 1956, and thereafter assigned to Anchor Products, Inc. (Anchor). The action arose after Anchor gave written notice of infringement to Payne Metal Enterprises, Limited and Payne Manufacturing Company, Limited, jointly referred to herein as Payne Metal. Upon...

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