STERNER LIGHTING, INC. v. ALLIED ELECTRICAL SUPPLY, INC.

No. 28599.

431 F.2d 539 (1970)

STERNER LIGHTING, INC., et al., Plaintiffs-Appellees, v. ALLIED ELECTRICAL SUPPLY, INC., et al., Defendant-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 21, 1970.


Attorney(s) appearing for the Case

Harry Sommers, Howard N. Sommers, Sommers & Sommers, Montclair, N. J., Karl Vance Hart, Shutts & Bowen, Miami, Fla., for defendants-appellants.

Aubrey V. Kendall, Miami, Fla., for appellees.

Before JOHN R. BROWN, Chief Judge, GEWIN and THORNBERRY, Circuit Judges.


THORNBERRY, Circuit Judge:

The subject of this patent-infringement suit is lamp-post bases. The trial court held appellees' patent on their lamp-post base valid and found appellants liable for infringement. On this appeal, we agree with the trial court that the patent was valid, but we find the judgment of infringement to be based upon an overly generous reading of the claims, and accordingly we reverse and render judgment for appellants.

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