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CREAMERY PACKAGE MFG. CO. v. MILLER PASTEURIZING MACH. CO.

Nos. 3390, 3391.

6 F.2d 838 (1925)

CREAMERY PACKAGE MFG. CO. v. MILLER PASTEURIZING MACH. CO. MILLER PASTEURIZING MACH. CO. v. CREAMERY PACKAGE MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 3, 1925.

Attorney(s) appearing for the Case

Lincoln B. Smith, of Chicago, Ill., and Livingston Gifford, of New York City, for plaintiff.

Edward Rector, of Chicago, Ill., for defendant.

Before ALSCHULER and EVANS, Circuit Judges, and FITZHENRY, District Judge.

ALSCHULER, Circuit Judge.

Plaintiff in the District Court, Miller Pasteurizing Machine Company, appeals from that part of a decree holding invalid claim 5 of patent No. 878,225, to Miller, and defendant from so much of the decree as holds valid and infringed claims 7, 8, 10, 11, 20, and 21 of patent No. 945,570, to Miller.

The first-named patent is for a pasteurizer, claim 5, which alone is declared upon, being:

"In an apparatus for treating milk and...

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