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HINDE v. HOT SULPHUR SPRINGS, COLORADO

Civ. A. No. C-1936.

359 F.Supp. 987 (1972)

James Nelson HINDE and Hinde Engineering Company, Plaintiffs, v. HOT SULPHUR SPRINGS, COLORADO, a Municipal corporation, Defendant.

United States District Court, D. Colorado.

September 28, 1972.

Attorney(s) appearing for the Case

William Griffith Edwards, McGrew & Edwards, Denver, Colo., Fred S. Lockwood, Lockwood, Dewey, Zickert & Alex, Chicago, Ill., for plaintiffs.

Herbert A. Shatz, Denver, Colo., Jon Mulford, Granby, Colo., George A. Smith, Jr., Smith, Harding, Earley & Follmer, Philadelphia, Pa., for defendant.

MEMORANDUM OPINION

BRATTON, District Judge.

The factual background out of which the present infringement action arose began in 1958 when plaintiff James Hinde began experimenting with concepts of water aeration to prevent winter fish kill as a favor to a friend. He first punched tiny holes in copper tubing and, with the aid of a small air compressor, pumped air through the rows of tubing he submerged in his friend's small trout pond so that tiny bubbles...

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