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AMERICAN SULPHITE PULP CO. v. BURGESS SULPHITE CO.

No. 1716.

2 F.2d 6 (1924)

AMERICAN SULPHITE PULP CO. v. BURGESS SULPHITE CO. et al.

Circuit Court of Appeals, First Circuit.

November 7, 1924.

Attorney(s) appearing for the Case

Frank T. Benner, of Boston, Mass. (Rodney G. Page, of Boston, Mass., on the brief), for appellant.

Marcus B. May, of Boston, Mass. (Alfred H. Hildreth, of Boston, Mass., on the brief), for appellees.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This patent infringement suit has an unusual setting. It was filed on April 30, 1907, for the alleged infringement of the Russell patent, No. 445,235, dated January 27, 1891. The case was tried before Judge Lowell in May, 1923 — 15 years after the expiration of the patent on January 27, 1908. At the end of a 2 weeks trial, the learned District Judge disposed of the case in a brief oral opinion, as follows:

"I am going to give...

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