SMITH v. AMERICAN ELECTRIC RABBIT RACING ASS'N

No. 18596.

21 F.2d 366 (1927)

SMITH v. AMERICAN ELECTRIC RABBIT RACING ASS'N, Inc., et al.

District Court, E. D. Louisiana, New Orleans Division.

July 23, 1927.


Attorney(s) appearing for the Case

McCaleb & McCaleb and E. Howard McCaleb, all of New Orleans, La., for complainant.

T. Hart Anderson, of New York City, and Hugh S. Suthon, of New Orleans, La., for respondent Heintz.

W. J. Gex, of Bay St. Louis, Miss., Curtis & Hall, of New Orleans, La., and Browne & Phillips, for respondents New Orleans Kennel Club, Inc., Rennyson, Cody, Jr., and Passera.


BURNS, District Judge.

The original plaintiff, Owen P. Smith, died during the pendency of these infringment proceedings. His widow, as administratrix, was substituted. For convenience, the issues will be discussed in his name.

Smith first claimed infringement of six patents on dog-racing devices, but withdrew three, leaving three at issue, viz.: Patent No. 1,379,224, which is general in its scope and covers the lure conveyer arm which projects horizontally...

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