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CONCRETE MIXING & CONVEYING CO. v. R. C. STORRIE & CO.

No. 394.

23 F.2d 131 (1927)

CONCRETE MIXING & CONVEYING CO. v. R. C. STORRIE & CO.

District Court, W. D. Washington, N. D.

November 12, 1927.

Attorney(s) appearing for the Case

Lynn A. Williams, Clifford C. Bradbury, and Albert G. McCaleb, all of Chicago, Ill., and Battle, Hulbert & Helsell, of Seattle, Wash., for plaintiff.

Charles E. Townsend, of San Francisco, Cal. (S. F. Chadwick, of Seattle, Wash., and William A. Loftus, of San Francisco, Cal., of counsel), for defendant.

BOURQUIN, District Judge.

This infringement suit involves claims 1, 2, 17, 18, 24, 29, 34, and 35 of McMichael's patent 1,127,660, granted February 9, 1915, on application filed January 14, 1907. The usual defenses are interposed.

The answer alleges there are 10,000 patents in the art, cites 100, and there are an extraordinary number of references. For this, palliation is attempted by semiapologetic "inability to forecast how they may be judged by the court...

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