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HINDE v. HOT SULPHUR SPRINGS, COLORADO

No. 72-1878.

482 F.2d 829 (1973)

James Nelson HINDE and Hinde Engineering Company, Plaintiffs-Appellees. v. HOT SULPHUR SPRINGS, COLORADO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 14, 1973.

Attorney(s) appearing for the Case

William Griffith Edwards, Denver, Colo. (Fred S. Lockwood, Chicago, Ill., of counsel), for appellees.

Herbert A. Shatz, Denver, Colo. (George A. Smith and George A. Smith, Jr., Philadelphia, Pa., of counsel), for appellant.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges

BARRETT, Circuit Judge.

John Nelson Hinde, patentee, and Hinde Engineering Company, exclusive licensee of United States Letters Patent Nos. 3,293,861 ('861) and 3,234,123 ('123), brought this patent infringement suit against the Town of Hot Sulphur Springs, Colorado, (Town), following its installation and operation of a sewage treatment plant. The trial court, 359 F.Supp. 987, sitting without a jury, held that '123 was valid and...

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