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PENN ELECTRIC SWITCH CO. v. LUTHE HARDWARE CO.

No. 9490.

63 F.2d 842 (1933)

PENN ELECTRIC SWITCH CO. v. LUTHE HARDWARE CO. et al.

Circuit Court of Appeals, Eighth Circuit.

March 1, 1933.

Attorney(s) appearing for the Case

W. P. Bair, of Des Moines, Iowa (Bair, Freeman & Sinclair, Will Freeman, and Earl M. Sinclair, all of Des Moines, Iowa, on the brief), for appellant.

James A. Hoffman, of Washington, D. C. (William A. Strauch, of Washington, D. C., and Lawrence C. Kingsland, of St. Louis, Mo., on the brief), for appellees.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

SANBORN, Circuit Judge.

The parties will be referred to as in the court below; appellant as plaintiff, Luthe Hardware Company as defendant, and United States Gauge Company, intervener.

This is an appeal from a decree dismissing the plaintiff's bill of complaint in a suit for infringement of reissue patent No. 17,342, granted June 25, 1929, to Albert Penn upon an application filed February 6, 1929. The original patent was No. 1,674,341, dated June 19, 1928...

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