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CMI CORP. v. METROPOLITAN ENTERPRISES, INC.

No. 74-1448.

534 F.2d 874 (1976)

CMI CORPORATION, Plaintiff-Appellee, v. METROPOLITAN ENTERPRISES, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 31, 1976.

Rehearing and Rehearing Denied June 7, 1976.

Attorney(s) appearing for the Case

Carter H. Kokjer, Atty., Kansas City, Mo. (Joseph B. Bowman of Lowe, Kokjer, Kircher, Wharton & Bowman, Kansas City, Mo. and Edward H. Moler of Barefoot, Moler & Claro, Oklahoma City, Okl., on the brief), for defendant-appellant.

Jerry J. Dunlap, Atty., Oklahoma City, Okl. (Bill D. McCarthy of Dunlap & Codding, Oklahoma City, Okl., on the brief), for plaintiff-appellee.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 7, 1976.

HOLLOWAY, Circuit Judge.

Plaintiff-appellee CMI Corp., assignee of Patent No. 3,438,520 (the Williams patent), brought suit against defendant-appellant Metropolitan Enterprises, Inc., claiming infringement of its Williams patent and seeking damages and injunctive relief. The patent in suit discloses a process for loading granular material varying in particle size into bins in the form of "slugs" so that...

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