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NOLL v. O. M. SCOTT & SONS COMPANY

Nos. 71-1518, 71-1519.

467 F.2d 295 (1972)

Clyde M. NOLL and S. Joseph Fortunato, as Trustees, Plaintiffs-Appellants, v. The O. M. SCOTT & SONS COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 27, 1972.

Attorney(s) appearing for the Case

Stanley L. Amberg and William F. Kilgannon, New York City, for Noll and Fortunato; Richard Whiting, Davis, Hoxie, Faithfull & Hapgood, Alfred H. Hemingway, Jr., New York City, on brief; Taft, Stettinius & Hollister, Robert T. Keeler, Cincinnati, Ohio, James O. Seymour, Vorys, Sater, Seymour & Pease, Columbus, Ohio, of counsel.

John D. Nies, Arlington, Va., for O. M. Scott & Sons Co.; Richard D. Multer, Strauch, Nolan, Neale, Nies & Kurz, Arlington, Va., on brief; Richard J. Brentlinger, Gingher & Christensen, Columbus, Ohio, of counsel.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Chief Judge.

This is an appeal and cross-appeal from a judgment for defendant in a patent infringement action. A brief outline of the facts is essential to an understanding of the issues presented to this court. Reference is made to the comprehensive opinion of District Judge Joseph P. Kinneary reported at 169 U.S.P.Q. 336 (1971) for a more complete discussion of the facts.

The patent in suit, No. 2,678,625, was granted on May 11, 1954, to Arthur...

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