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VICTOR TALKING MACH. CO. v. BRUNSWICK-BALKE-COLLENDER CO.

Nos. 3178, 3179.

8 F.2d 41 (1925)

VICTOR TALKING MACH. CO. v. BRUNSWICK-BALKE-COLLENDER CO. et al. BRUNSWICK-BALKE-COLLENDER CO. et al. v. VICTOR TALKING MACH. CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 19, 1925.

Attorney(s) appearing for the Case

Wm. Houston Kenyon, of New York City, Wm. Clarke Mason, of Philadelphia, Pa., George W. Schurman and Frederick Bachmann, both of New York City, John D. Myers, of Philadelphia, Pa., and Saulsbury & Curley, of Wilmington, Del. (Kenyon & Kenyon, of New York City, and Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for plaintiff.

Melville Church, of Washington, D. C., George W. Case, Jr., of New York City, and William G. Mahaffy, of Wilmington, Del., for defendants.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

This is an appeal by both parties from a decree of the District Court holding claim 19 of United States letters patent No. 946,442, issued, on application filed by E. R. Johnson, January 12, 1906, to the Victor Talking Machine Company January 11, 1910, invalid on the ground that Johnson derived his knowledge of the invention from J. B. Browning and claim 1 of United States letters patent No. 1,402,738, issued to J. B. Browning for the same invention, invalid...

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