JORGENSON v. HAWKINS

No. 7169.

14 F.2d 409 (1926)

JORGENSON v. HAWKINS.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 13, 1926.


Attorney(s) appearing for the Case

Ross O. Hinkle and Albert G. McCaleb, both of Chicago, Ill., for appellant.

Roy B. Marker, of Sioux Falls, S. D. (R. A. Bielski, of Sioux Falls, S. D., on the brief), for appellee.

Before STONE, KENYON, and BOOTH, Circuit Judges.


BOOTH, Circuit Judge.

Appellant, plaintiff below, owner by assignment of United States patent No. 1,123,180, which was issued December 29, 1914, to James South Day for recoil pad for gunstocks, brought this suit for an injunction and damages for alleged infringement. The defenses set up in the answer were that Day was not the original inventor; noninfringement. The court at the trial rendered a decree dismissing the bill on the merits.

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