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WESTINGHOUSE ELECTRIC & MFG. CO. v. TRI-CITY RADIO E. SUPPLY CO.

No. 6858.

23 F.2d 628 (1927)

WESTINGHOUSE ELECTRIC & MFG. CO. v. TRI-CITY RADIO ELECTRIC SUPPLY CO. et al.

Circuit Court of Appeals, Eighth Circuit.

December 28, 1927.

Attorney(s) appearing for the Case

Stephen H. Philbin, of New York City (Fish, Richardson & Neave, of New York City, and Cook & Balluff, of Davenport, Iowa, on the brief), for appellant.

C. D. Waterman and A. G. Bush, both of Davenport, Iowa (Lane & Waterman and Bush & Bush, all of Davenport, Iowa, on the brief), for appellees.

Before STONE, KENYON, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

This is a bill filed by appellant, as the assignee and owner of a certain patent and a license thereunder, against the licensees. The relief asked is cancellation of the license, an accounting, and such injunctive and other relief as to make these two purposes effective. The basis of the suit is infringement of the patent by operation on the part of the licensees outside of and beyond the terms of the license. Besides placing in issue the material...

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