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OBEAR-NESTER GLASS CO. v. LAX & SHAW

No. 6918.

11 F.2d 240 (1926)

OBEAR-NESTER GLASS CO. v. LAX & SHAW, Limited.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 26, 1926.

Attorney(s) appearing for the Case

David H. Robertson, of St. Louis, Mo. (Carr & Carr and Rassieur & Goodwin, all of St. Louis, Mo., on the brief), for plaintiff in error.

Irvin V. Barth, of St. Louis, Mo. (W. Keane Small, of St. Louis, Mo., on the brief), for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

Lax & Shaw, Limited, a corporation (hereinafter called plaintiff), brought this action against Obear-Nester Glass Company, a corporation (hereinafter called defendant), for breach of an alleged contract for the sale of the patent rights to a glass bottle manufacturing machine, known as the "No-Boy Machine," and two of the machines.

Plaintiff's petition contained two causes of action. The first alleged the contract, the payment...

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