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ACME HIGHWAY PRODUCTS CORP. v. D. S. BROWN CO.

No. 72-1387.

473 F.2d 849 (1973)

ACME HIGHWAY PRODUCTS CORPORATION, Plaintiff-Appellant, v. The D. S. BROWN COMPANY and Delmont D. Brown, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1973.

Attorney(s) appearing for the Case

John M. Calimafde, New York City, for plaintiff-appellant; Paul H. Blaustein, Sandoe, Hopgood & Calimafde, New York City, and Richard B. Swartzbaugh, Swartzbaugh, Moor & Longthorne, Toledo, Ohio, of counsel.

Robert B. Gosline, Toledo, Ohio, Lloyd C. Root, Root & O'Keeffe, Chicago, Ill., Matthew C. Thompson, Johnston, Root, O'Keeffe, Keil, Thompson & Shurtleff, Chicago, Ill., for defendants-appellees.

Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from an order of the District Court for the Northern District of Ohio, Western Division, finding that two of Appellees' seals infringed on Appellant's patent, Patent No. 3,179,026, and that six others did not infringe. Appellant appeals from that portion of the order finding that some of the seals do not infringe on the patent.

This Court has previously determined that Appellant Acme's patent for a seal for highway...

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