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I. T. S. RUBBER CO. v. ESSEX RUBBER CO.

No. 1642.

1 F.2d 780 (1924)

I. T. S. RUBBER CO. v. ESSEX RUBBER CO.

Circuit Court of Appeals, First Circuit.

October 23, 1924.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio, and Charles A. Brown, of Chicago, Ill., for appellant.

Lucius E. Varney, of New York City (Frederick L. Emery, of Boston, Mass., on the brief), for appellee.

Before JOHNSON, Circuit Judge, and MORRIS and LOWELL, District Judges.

JOHNSON, Circuit Judge.

This is a patent infringement suit, which has been before this court once before (281 F. 5) on a motion to dismiss, which had been granted by the District Court for Massachusetts. Upon the record then before us we reversed the decree of the District Court, and the case has since been heard upon its merits. The District Court has decided that, upon its merits, the bill of the plaintiff should be dismissed...

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