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AMERICAN SEATING CO. v. SOUTHEASTERN METALS CO.

No. 26007.

412 F.2d 756 (1969)

AMERICAN SEATING COMPANY, Appellant, v. SOUTHEASTERN METALS COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 11, 1969.

Attorney(s) appearing for the Case

Douglas Arant, Macbeth Wagnon, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., Jerome F. Fallon, Chicago, Ill., Dawson, Tilton, Fallon & Lungmus, Chicago, Ill., for defendant-appellant.

Hugh P. Carter, Jennings, Carter & Thompson, Birmingham, Ala., for appellee.

Before WISDOM and GODBOLD, Circuit Judges, and HUGHES, District Judge.

GODBOLD, Circuit Judge:

This is a patent infringement suit involving two school chair patents obtained by appellant, American Seating Company.1 The district judge found that American Seating's chair back patent (3,111,344) is invalid and that its chair seat patent (3,173,723) is valid but not infringed by appellee, Southeastern Metals. American Seating appeals from both of these determinations.

The '344 Patent

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