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HALL LABORATORIES v. SAMUELS & COMPANY

No. 16908.

261 F.2d 841 (1958)

HALL LABORATORIES, Inc., Appellant and Appellee, v. SAMUELS & COMPANY, Inc., Appellee and Appellant. SAMUELS & COMPANY, Inc., Appellee and Appellant, v. HALL LABORATORIES, Inc., Appellant and Appellee.

United States Court of Appeals Fifth Circuit.

December 23, 1958.

Attorney(s) appearing for the Case

Stanley E. Neely, Dallas, Tex., Walter J. Blenko, Eugene F. Buell, James K. Everhart, Jr., Pittsburgh, Pa., Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., Locke, Locke & Purnell, Dallas, Tex., of counsel, for appellant.

Harold Hoffman, Dallas, Tex., A. D. Caesar, Max R. Millman, Philadelphia, Pa., Caesar & Rivise, Philadelphia, Pa., Coon & Hoffman, Dallas, Tex., of counsel, for appellee.

Before TUTTLE, JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

Hall Laboratories, Inc., herein referred to as Hall, brought suit against Samuels & Company, Inc., herein called Samuels, alleging infringement of a patent and seeking injunctive relief and damages. Hall holds a patent of a chemical process using a complex phosphate compound for the curing of meat to inhibit the undesirable color change known as "greening". Samuels denied that the patent was valid, first, because the claims were unduly broad...

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