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SWANSON v. UNARCO INDUSTRIES, INC.

No. 72-1507.

479 F.2d 664 (1973)

Russell K. SWANSON, an Individual, and Roblin Industries, Inc., a corporation, Plaintiffs-Appellants, v. UNARCO INDUSTRIES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 20, 1973.

Rehearing Denied August 8, 1973.

Attorney(s) appearing for the Case

Robert D. Hovey, Kansas City, Mo. (Donald E. Johnson, Kansas City, Mo., Robert E. Woodhams of Woodhams, Blanchard & Flynn, Kalamazoo, Mich., and William R. Laney and Jerry J. Dunlap, of Dunlap, Laney, Hessie & Dougherty, Oklahoma City, Okl., of counsel, on the brief), for plaintiffs-appellants.

Norman Lettvin, Chicago, Ill. (George H. Gerstman, Chicago, Ill., Francis S. Irvine, of Kerr, David, Irvine, Burbage & Foster, Inc., Oklahoma City, Okl., of counsel, on the brief), for defendant-appellee.

Before HILL and BARRETT, Circuit Judges, and SMITH, District Judge.

BARRETT, Circuit Judge.

Russell K. Swanson and Roblin Industries, Inc. (Roblin), appeal from an adverse non-jury trial. The Court, 356 F.Supp. 332, held that Swanson's U.S. Letters Patent No. 3,052,319 ('319) was not infringed either directly or contributorily by two grocery carts manufactured and distributed by appellee, Unarco Industries, Inc. (Unarco).

The action was initially brought by Swanson, as owner of the patents...

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