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GLOBE LININGS, INC. v. CITY OF CORVALLIS

No. 75-2848.

555 F.2d 727 (1977)

GLOBE LININGS, INC., Howard D. Webb and Arthur M. Lockhart, Plaintiffs-Appellants, v. CITY OF CORVALLIS, Defendant and Third-Party Plaintiff-Appellee, v. S & T CONSTRUCTION COMPANY, INC., Third-Party Defendant and Fourth-Party Plaintiff-Appellee, v. FIRESTONE TIRE AND RUBBER CO., Fourth-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied August 4, 1977.

Attorney(s) appearing for the Case

Joseph B. Sparkman, Klarquist, Sparkman, Campbell, Leigh, Hall & Whinston, Portland, Ore., Francis A. Utecht, argued, Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for plaintiffs-appellants.

M. H. Hartwell, Jr., argued, Kolisch, Hartwell, Dickinson & Stuart, Portland, Ore., for appellee S & T Construction.

James H. Clark, argued, George L. Kirklin, McColloch, Dezendorf, Spears & Lubersky, Portland, Ore., for appellee Firestone Tire & Rubber Co.

Before LUMBARD, WRIGHT and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 1977.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Globe Linings, Inc. (Globe) is the owner of U.S. Patent No. 3,313,443 (the Dial patent), which has as its subject matter a floating cover for liquid storage reservoirs. This flexible cover protects stored liquid from falling debris and sunlight. It is also adapted, through the use of floats, to rise and fall with the level of the liquid. Because the cover...

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