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BUTLER v. HELMS

No. 76-1455.

550 F.2d 954 (1977)

Frank W. BUTLER and Catalina Yachts, Inc., a California Corporation, Appellants, v. Jack A. HELMS, d/b/a Jack A. Helms Company, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1977.

Attorney(s) appearing for the Case

Robert E. Geauque, Encino, Cal. (H. Simmons Tate, Jr., Hamilton Osborne, Jr., Columbia, S.C., William A. Feinberg and Arthur R. Bergen, Encino, Cal., on brief), for appellants.

L. Lawton Rogers, III, Washington, D.C. (Thomas E. McCutchen, Columbia, S.C., on brief), for appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

The patent, Butler 3,805,724, claims 1 and 2 which are in controversy here, is a canopy adapted to cover in a watertight manner the upper portion of the access opening of the cabin of a sailboat. The canopy is connected to the cabin wall structure by four rods, each of which is pivoted on each end, both on the canopy and on the cabin wall, two rods on either side. When the canopy is in its raised position, it is in contact with the mast and...

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