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MAS v. COCA-COLA CO.

No. 5582.

163 F.2d 505 (1947)

MAS v. COCA-COLA CO.

Circuit Court of Appeals, Fourth Circuit.

August 20, 1947.

Attorney(s) appearing for the Case

George A. Finch, of Baltimore, Md., for appellant.

Hilary W. Gans, of Baltimore, Md. (John A. Sibley, James M. Sibley, K. Wilson Corder, and Julius R. Lunsford, Jr., all of Atlanta, Ga., Brown & Brune, of Baltimore, Md., and Spalding, Sibley & Troutman, of Atlanta, Ga., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal by plaintiff in a suit instituted under R.S.4915, 35 U.S.C.A. § 63, from an order dismissing the bill of complaint on the ground that plaintiff had not come into court with clean hands. The suit was one to have plaintiff adjudged entitled to a design patent on a beverage bottle which the Board of Appeals in the Patent Office, on appeal in an interference proceeding, had awarded...

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