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LAYNE-NEW YORK CO., INC. v. ALLIED ASPHALT CO., INC.

Nos. 73-1930-73-1933.

501 F.2d 405 (1974)

LAYNE-NEW YORK COMPANY, INC., a corporation of the State of New York v. ALLIED ASPHALT COMPANY, INC., Appellant in 73-1930, a corporation of the Commonwealth of Pennsylvania, and Commonwealth of Pennsylvania, Intervening Defendant-Appellant in Nos. 73-1931 and 73-1933. LAYNE-NEW YORK COMPANY, INC., a corporation of the State of New York v. B. H. MOTT & SONS, INC., Appellant in No. 73-1932, a corporation of the State of West Virginia, and Commonwealth of Pennsylvania, Intervening Defendant.

United States Court of Appeals, Third Circuit.

Decided August 5, 1974.

Attorney(s) appearing for the Case

John M. Webb, Webb, Burden, Robinson & Webb, William H. Logsdon, Pittsburgh, Pa., for Layne-New York Co., Inc.

Frank E. Coho, Pittsburgh, Pa., for Allied Asphalt Co., Inc.

Raymond G. Hasley, Pittsburgh, Pa., for B. H. Mott & Sons, Inc.

Walter J. Blenko, Jr., Blenko, Buell, Ziesenheim & Beck, James C. Valentine, Pittsburgh, Pa., for Commonwealth of Pennsylvania.

Before STALEY, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

These are appeals from a judgment of the district court in favor of the appellee, Layne-New York Company, Inc. ("Layne-New York"), in a patent infringement action in which the appellee's patent, U.S. Patent No. 3,469,405, was adjudged valid. These appeals stem from two actions filed against appellants Allied Asphalt Company, Inc. ("Allied") and B. H. Mott & Sons, Inc...

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