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IRON ORE COMPANY OF CANADA v. DOW CHEMICAL COMPANY

Nos. 73-1490 and 73-1491.

500 F.2d 189 (1974)

IRON ORE COMPANY OF CANADA, a corporation, and Ireco Chemicals, a corporation, Plaintiffs-Appellants, v. The DOW CHEMICAL COMPANY, a corporation, Defendant-Appellee, and University of Utah, a body politic and corporate under Utah law, Intervenor-Appellee. IRON ORE COMPANY OF CANADA, a corporation, Plaintiff-Appellant, v. UNIVERSITY OF UTAH, a body politic and corporate under Utah law, Defendant-Appellee, v. Henry E. FARNAM, Jr., Defendant-Appellant by Joinder.

United States Court of Appeals, Tenth Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

William A. Marshall, Chicago, Ill. (Charles J. Merriam, Alvin D. Shulman, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., Donald C. McKinlay, Holme, Roberts & Owen, Denver, Colo., on the brief), for plaintiff-appellant Ireco Chemicals.

Richard R. Trexler, Chicago, Ill. (Richard Bushnell, Olson, Trexler, Wolters, Bushnell & Fosse, Ltd., Chicago, Ill., and Hugh C. Garner, Salt Lake City, Utah, of counsel, on the brief), for defendant-appellee The Dow Chemical Co.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a patent case involving an explosive in slurry form, i. e., an explosive in a mixture form wherein the solid material is suspended in a liquid. The particular slurry type explosive here involved is composed of ammonium nitrate plus aluminum plus water (AN+A1+H2O) and is used in blasting operations in general, and in the mining industry in particular. In connection with its use in mining operations, a slurry...

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