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INTERSTATE RUBBER PROD. CORP. v. RADIATOR SPECIALTY CO.

Civ. No. 860.

114 F.Supp. 120 (1953)

INTERSTATE RUBBER PRODUCTS CORP. et al. v. RADIATOR SPECIALTY CO., Inc. et al.

United States District Court W. D. North Carolina, Charlotte Division.

August 7, 1953.

Attorney(s) appearing for the Case

Walter P. Huntley, Fulwider, Mattingly & Babcock, Los Angeles, Cal., John G. Newitt, Charlotte, N. C., for plaintiffs.

A. Yates Dowell and A. Yates Dowell, Jr., Washington, D. C., Maurice A. Weinstein, Charlotte, N. C., for defendants.

WARLICK, District Judge.

This is an action for infringement of Patent No. 2,333,273, issued to Charles D. Scanlon, on November 2, 1943, — based on his application, dated February 17, 1941, for a patent on a device in producing so-called traffic markers in the shape of a cone from discarded automobile tires. The principal defenses are invalidity and non-infringement.

The Facts.

Sometime in the fall of 1940, Charles D. Scanlon, an employee of...

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