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NATIONAL FIREWORKS DISTRIBUTING CO. v. EDWARDS MFG. CO.

No. 4189.

2 F.2d 815 (1924)

NATIONAL FIREWORKS DISTRIBUTING CO. v. EDWARDS MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1924.

Attorney(s) appearing for the Case

Frederick A. Tennant, of Boston, Mass., and Alfred M. Allen, of Cincinnati, Ohio (Nathan Heard, of Boston, Mass., and Allen & Allen, of Cincinnati, Ohio, on the brief), for appellant.

Wm. R. Wood, of Cincinnati, Ohio, for appellee.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

PER CURIAM.

This appeal involves the validity and infringement of claim 6 of the patent to C. W. Wertz, 926,308, for improvements in toy pistols, issued June 29, 1909, to the appellant, as assignee of Wertz. This is a second appeal. When the case was first heard in the District Court, that court held this claim valid and infringed. That decree was affirmed by this court. After the cause was remanded, this court granted consent to this appellee to apply to the trial...

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