BROSE v. SEARS, ROEBUCK AND CO.

Civ. No. 68-860.

326 F.Supp. 1015 (1970)

Horace B. BROSE, Plaintiff, v. SEARS, ROEBUCK AND CO. et al., Defendants.

United States District Court, S. D. Florida, Miami Division.

December 31, 1970.


Attorney(s) appearing for the Case

John Cyril Malloy, Miami, Fla., and Carl V. Wisner, Jr., Fort Lauderdale, Fla., for plaintiff.

G. F. Rothwell, of Sughrue, Rothwell, Mion, Zinn & MacPeak, Washington, D. C., and Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

ATKINS, District Judge.

FINDINGS OF FACT

I. Preliminary

1. This is an action under the patent laws of the United States for infringement of Brose Reissue Patent 26,368. The patent was granted April 9, 1968, entitled "Tire Repair Insert" (hereinafter patent in suit or reissue patent). It is used to repair tubeless tires which went into public use about 1955.

2. Jurisdiction is based on Title...

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