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GEO. J. MEYER MFG. CO. v. SAN MARINO ELECTRONIC CORP.

Nos. 22592, 22592-A.

422 F.2d 1285 (1970)

GEO. J. MEYER MANUFACTURING CO., a Wisconsin corporation, Appellant, v. SAN MARINO ELECTRONIC CORPORATION, a California corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

February 27, 1970.

Attorney(s) appearing for the Case

Ellsworth R. Roston (argued), of Smyth, Roston & Pavitt, Los Angeles, Cal., for appellant.

Martin R. Horn (argued), of Spensley, Horn & Jubas, Los Angeles, Cal., for appellee.

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

RUSSELL E. SMITH, District Judge.

Plaintiff, appellee and cross-appellant, San Marino Electronic Corporation (San Marino) manufactures empty bottle inspection machines. Defendant, cross-complainant, appellant, cross-appellee, Geo. J. Meyer Manufacturing Co. (Meyer) manufactures a bottle inspection machine designated the Mark IV which is designed in part according to the teachings of U.S. Patent No. 3,133,640 (No. '640). No. '640 is the patent in suit.

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