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MALSBARY MANUFACTURING CO. v. ALD, INCORPORATED

No. 18655.

447 F.2d 809 (1971)

MALSBARY MANUFACTURING COMPANY et al., Plaintiffs-Appellees, v. ALD, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 14, 1971.

Attorney(s) appearing for the Case

Robert K. Schumacher, Chicago, Ill., William H. Drummond, Drummond & Phillips, Phoenix, Ariz., for defendant-appellant; Sidney Wallenstein, Wallenstein, Spangenberg, Hattis & Strampel, Morgan L. Fitch, Jr., Anderson, Luedeka, Fitch, Even & Tabin, Chicago, Ill., of counsel.

Richard R. Trexler, Chicago, Ill., Murray K. Hatch, Schapp & Hatch, San Francisco, Cal., for plaintiffs-appellees; John S. Fosse, Olson, Trexler, Wolters & Bushnell, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, and KILEY and STEVENS, Circuit Judges.

DUFFY, Senior Circuit Judge.

This is a patent infringement suit brought by the patentee, Tompkins, and two of the licensees under Tompkins' patent No. 2,896,8571 against defendant ALD, Incorporated, a distributor of automobile washing apparatus.

The Tompkins patent in suit relates to "washing apparatus, and more particularly to an apparatus for use in washing vehicles * * * which includes a movable carriage adapted to travel around...

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