ACME HIGHWAY PRODUCTS CORP. v. D. S. BROWN COMPANY

Nos. 19910, 19952.

431 F.2d 1074 (1970)

ACME HIGHWAY PRODUCTS CORPORATION, Plaintiff-Appellant Cross-Appellee, v. The D. S. BROWN COMPANY and Delmont D. Brown, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied October 19, 1970.


Attorney(s) appearing for the Case

John M. Calimafde, and Paul H. Blaustein, New York City, for appellant and cross-appellee, Sandoe, Hopgood & Calimafde, New York City, Richard B. Swartzbaugh, Swartzbaugh, Moor & Longthorne, Toledo, Ohio, on brief.

Matthew C. Thompson, Chicago, Ill., for appellees and cross-appellants, Lloyd C. Root, Johnston, Root, O'Keefe, Keil, Thompson & Shurtleff, Chicago, Ill., Robert B. Gosline, Shumaker, Loop & Kendrick, Toledo, Ohio, on brief.

Before EDWARDS, CELEBREZZE and BROOKS, Circuit Judges.


CELEBREZZE, Circuit Judge.

This is an appeal from the United States District Court for the Northern District of Ohio, Western Division, of an action instituted by Acme Highway Products Corporation ["Acme"] against the D. S. Brown Company and Mr. Delmont D. Brown, charging the latter with infringement of Acme's patent on a performed, neoprene device for sealing expansion seams and joints in highways. Brown and the Brown Company counter-claimed charging: that the patent...

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