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EDOCO TECHNICAL PRODUCTS, INC. v. PETER KIEWIT SONS' CO.

No. 22208.

411 F.2d 988 (1969)

EDOCO TECHNICAL PRODUCTS, INC., Plaintiff-Appellant, v. PETER KIEWIT SONS' CO., and the B. F. Goodrich Company, Defendants-Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 3, 1969.

Attorney(s) appearing for the Case

Francis A. Utecht (argued), of Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for appellant.

Harlan P. Huebner (argued), and Herbert A. Huebner (argued), of Huebner & Worrel, Albert L. Gabriel, Los Angeles, Cal., William A. Shira, Akron, Ohio, of counsel, for appellees.

Before CHAMBERS and MERRILL, Circuit Judges, and SMITH, District Judge.

MERRILL, Circuit Judge:

Appellant brought suit for infringement of patent and has taken this appeal from summary judgment rendered in favor of the defendant upon the ground of lack of infringement.

The patented device relates to paving and is designed to control the cracking of pavement as it contracts on drying and to seal the cracks against the seepage of water. The device is a resilient strip that is, along the desired line of fracture, embedded in the...

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