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MERRELL SOULE CO. v. POWDERED MILK CO.

No. 300.

7 F.2d 297 (1925)

MERRELL SOULE CO. v. POWDERED MILK CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Archibald Cox and Harry A. English, both of New York City, for appellant.

Howard P. Denison and Eugene A. Thompson, both of Syracuse, N. Y., for appellee.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

The master declared what he considered to be the profits derived from infringement by defendant, and also what he regarded as a proper award of damages on the basis of a reasonable royalty. The court below, having substantially affirmed the finding as to profits did not pass upon damages, but the whole case having been appealed, and, it being assigned for error inter...

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