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PAVEMENT SALVAGE CO. v. ANDERSON'S—BLACK ROCK, INC.

Civ. A. No. 2927.

308 F.Supp. 941 (1967)

PAVEMENT SALVAGE COMPANY, Inc., Plaintiff, v. ANDERSON'S—BLACK ROCK, INC., Defendant.

United States District Court S. D. West Virginia, Charleston Division.

March 23, 1967.

Attorney(s) appearing for the Case

Edward W. Eardley, Steptoe & Johnson, Charleston, W. Va., and Walter J. Blenko, Jr., Blenko, Leonard & Buell, Pittsburgh, Pa., for plaintiff.

Frank L. Taylor, Jr., Kay, Casto & Chaney, Charleston, W. Va., and Alan W. Borst, Leek & Borst, New York City, for defendant.

OPINION

FIELD, Chief Judge.

Pavement Salvage Company, Incorporated (hereinafter called Pavement Salvage) brought this action for patent infringement against Anderson's-Black Rock, Incorporated (hereinafter called Andersons). The patent in suit is United States Patent No. 3,055,280 for "Means for Treating Bituminous Pavement" (hereinafter called the Neville patent) and was issued on September 25, 1962. Application for the patent was filed February 20, 1959...

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