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CARSON v. AMERICAN SMELTING & REFINING CO.

No. 4304.

11 F.2d 764 (1926)

CARSON v. AMERICAN SMELTING & REFINING CO.

Circuit Court of Appeals, Ninth Circuit.

March 1, 1926.

Attorney(s) appearing for the Case

John H. Miller, of San Francisco, Cal. (A. W. Boyken and Chas. S. Wheeler, Jr., both of San Francisco, Cal., of counsel), for appellant.

John C. Higgins, of Seattle, Wash., and Frederick P. Fish, of Boston, Mass. (George Donworth, of Seattle, Wash., Frederick P. Fish, of Boston, Mass., William K. White, of San Francisco, Cal., and Albert M. Austin, of New York City, of counsel), for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

The original bill of complaint for infringement of the claims of two patents and for damages was filed in the court below on November 14, 1921. On February 1, 1923, and before the trial in that court, the plaintiff in the suit assigned in writing to one Robert Hays Smith a 25 per cent. interest in the patents in suit, and in all proceeds of the patents, litigation, and proceedings, including 25 per cent. of any and all recoveries, moneys, royalties...

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