Binks Manufacturing Company, Appellant, v. the Spee-flo Manufacturing Corporation, Appellee, 392 F.2d 585 (5th Cir. 1968)

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U.S. Court of Appeals for the Fifth Circuit - 392 F.2d 585 (5th Cir. 1968) April 18, 1968

Appeal from the United States District Court for the Southern District of Texas; John V. Singleton, Jr., Judge.

Tom Arnold, Houston, Tex., Thomas R. Juettner, Chicago, Ill., Arnold, Roylance, Kruger & Durkee, Houston, Tex., for appellant.

Edward C. Hutcheson, Houston, Tex., Harold F. McNenny, Cleveland, Ohio, McNenny, Farrington, Pearne & Gordon, Cleveland, Ohio, Hutcheson, Taliaferro & Hutcheson, Houston, Tex., of counsel, for appellee.

Before COLEMAN and CLAYTON, Circuit Judges, and JOHNSON, District Judge.


The Spee-Flo Manufacturing Company, appellee, charged Binks Manufacturing Company, appellant, with infringement of Spee-Flo patent number 3,000,576. The District Court found the patent valid and infringed. The opinion of the District Court is published at 264 F. Supp. 542 (1967).

Although most favorably impressed by the brilliant argument of counsel for appellant, presented both orally and in briefs, we are nevertheless convinced that the District Judge was right. We see no necessity for duplication of or further comment on the opinion below.

The judgment, therefore, will be affirmed and the case remanded to the District Court for further proceedings.

Affirmed and remanded.