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RUTH v. BLUE RIVER CONSTRUCTORS

Civ. A. No. 6679.

224 F.Supp. 717 (1963)

Joseph P. RUTH, an individual, Plaintiff, v. BLUE RIVER CONSTRUCTORS, An Unincorporated Association, et al., co-members comprising the unincorporated association Blue River Constructors, and the City and County of Denver, Acting by and through its Board of Water Commissioners, Defendants. CITY AND COUNTY OF DENVER, A Municipal Corporation of the State of Colorado, Acting by and through its Board of Water Commissioners, Third-Party Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY and the Aetna Casualty and Surety Company, Third-Party Defendants.

United States District Court D. Colorado.

October 17, 1963.

Attorney(s) appearing for the Case

Edward O. Geer, Bruce Ownbey, and David G. Manter, Denver, Colo., for plaintiff.

E. E. Donnelly, Jr., John C. Oberlin, and Don D. Jeffery, Cleveland, Ohio, for defendant Blue River Constructors.

Eugene P. Helfer, Denver, Colo., for third-party plaintiff City and County of Denver.

Charles D. Bromley, Denver, Colo., for third-party defendants.

CHRISTENSEN, District Judge.

This is a suit for infringement of U. S. Letters Patent No. 2,611,680 entitled "Exhaust Gas Conditioning Method", which issued September 23, 1952, to the plaintiff, Joseph P. Ruth, upon an application filed January 16, 1950.

The case was tried to the Court without a jury April 15 to 20, 1963 and has been submitted for decision upon written briefs. Involved in addition to the issue of infringement are the usual questions of invention...

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