B. & M. CORP. v. KOOLVENT ALUMINUM AWNING CORP. OF IND.

No. 12263.

257 F.2d 264 (1958)

B. & M. CORPORATION, Plaintiff-Appellant, v. KOOLVENT ALUMINUM AWNING CORPORATION OF INDIANA, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 10, 1958.


Attorney(s) appearing for the Case

Charles C. Baker, Harvey A. Grabill, Henry W. Blue, Jr., Indianapolis, Ind., Robert F. Davis, Ellsworth H. Mosher, Washington, D. C., for appellant.

William H. Parmelee, Elmer S. Utzler, Coleman Harrison, Pittsburgh, Pa., George O. Chambers, Shine & Chambers, Anderson, Ind., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and PARKINSON, Circuit Judges.


PARKINSON, Circuit Judge.

This is a patent infringement suit. The patent in question, No. 2,542,919, is owned by plaintiff. It was issued February 20, 1951 on application of Dewey J. Freeman filed June 13, 1946 and will be hereinafter referred to as the Freeman patent.

The complaint sought damages for infringement and to enjoin defendant from further infringement. The defendant, inter alia, pleaded invalidity as a defense. Trial was to the court.

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