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PROLER STEEL CORPORATION, INC. v. LURIA BROTHERS & CO.

Nos. 22495, 22495-A.

417 F.2d 272 (1969)

PROLER STEEL CORPORATION, INC., Appellant, v. LURIA BROTHERS & CO., Inc., et al., Appellees.

United States Court of Appeals Ninth Circuit.

As Modified on Denial of Rehearings October 31, 1969.

Attorney(s) appearing for the Case

John L. McConn, Jr. (argued), of Butler, Binion, Rice, Cook & Knapp, Houston, Tex., Harris, Kiech, Russell & Kern, Donald C. Russell, Los Angeles, Cal., for appellant.

Eben M. Graves (argued), and Frederick C. Carver, of Brumbaugh, Free, Graves & Donohue, New York City, McCutchen, Black, Verleger & Shea, Max K. Jamison and Joseph R. Austin, Los Angeles, Cal., for appellee.

Before DUNIWAY and CARTER, Circuit Judges, and CROCKER, District Judge.

DUNIWAY, Circuit Judge:

Proler Steel Corporation, Inc., plaintiff, appeals from a summary judgment for defendants in a patent infringement suit. The patent is the Proler reissue patent, Re. 25,034. Claim 9 is the only claim that is involved. It is conceded that defendants do not infringe claims 1 through 8 or claim 10. The trial court held that claim 9 is invalid on a number of grounds, and that defendants do not infringe it, assuming that it is valid. We hold that...

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