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TOLEDO SCALE CO. v. COMPUTING SCALE CO.

No. 4218.

9 F.2d 823 (1926)

TOLEDO SCALE CO. v. COMPUTING SCALE CO.

Circuit Court of Appeals, Sixth Circuit.

January 14, 1926.

Attorney(s) appearing for the Case

Wilber Owen, of Toledo, Ohio (Rector, Hibben, Davis & Macauley, of Chicago, Ill., Border Bowman, of Columbus, Ohio, and C. O. Marshall and Wilber Owen, both of Toledo, Ohio, on the brief), for appellant.

Drury W. Cooper, of New York City, and John M. Zane, of Chicago, Ill. (McMahon, Corwin & Landis, of Dayton, Ohio, on the brief), for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

This is the usual infringement suit on claims 1, 2, 3, and 4 of patent No. 839,736, December 25, 1906, to the Toledo Company, upon an application filed April 9, 1901, by De Vilbiss. The bill was dismissed upon final hearing in the court below, by an opinion discussing the defenses of anticipation by the defendant, adjudication as the result of litigation between the parties in the Seventh circuit, and estoppel as the result of plaintiff's delay...

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