WAHL v. VIBRANETICS, INC.

No. 72-1661.

474 F.2d 971 (1973)

Eugene A. WAHL and Vibra Screw, Inc., Plaintiffs-Appellants, v. VIBRANETICS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1973.


Attorney(s) appearing for the Case

Dugald S. McDougall, Chicago, Ill., J. Leonard Walker, Louisville, Ky., Dugald S. McDougall, Chicago, Ill., on brief for plaintiffs-appellants; Percy Foreman, Houston, Tex., of counsel.

Thomas F. McWilliams, Chicago, Ill., for defendant-appellee, M. Brooks Senn, Louisville, Ky., Thomas F. McWilliams, Chicago, Ill., on brief for defendant-appellee; Brown, Miller, Alagia & Senn, Louisville, Ky., Mann, Brown, McWilliams & Bradway, Chicago, Ill., of counsel.

Before MILLER and KENT, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


KENT, Circuit Judge.

On March 16, 1965, plaintiff Wahl [the parties will be referred to as in the court below] was granted Patent No. 3,173,583 on a "bin activator," a device which attaches to the bottoms of storage bins or hoppers and by imparting vibrations to the hoppers or bins, facilitates the flow of powdered, granular, pulverized or like material out of the bins or hoppers.

On November 1, 1965, plaintiffs commenced an action against Carrier Manufacturing...

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