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ROUSSO v. BOYLE

No. 80.

2 F.2d 299 (1924)

ROUSSO v. BOYLE et al.

District Court, D. Minnesota, Fifth Division.

September 3, 1924.

Attorney(s) appearing for the Case

Joshua R. H. Potts, of Chicago, Ill., and Fryberger, Fulton, Hoshour & Ziesmer, of Duluth, Minn., for plaintiff.

Allen & Allen, Alfred M. Allen, and Marston Allen, all of Cincinnati, Ohio, and Abbott, MacPherran, Gilbert & Doan, of Duluth, Minn., for defendants.

CANT, District Judge.

We are here concerned with two patents issued to the plaintiff, a mechanical patent and a design patent. Such patents are numbered, respectively, 1,157,046 and 42,398. Each having been regularly issued, each is prima facie valid. The defense has been carried on largely by and on behalf of one Stephen B. Fetherolf. Fetherolf is a manufacturer of devices and designs which plaintiff claims are infringements of his patents. Under a contract with...

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