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BANKERS' UTILITIES CO. v. PACIFIC NAT. BANK

No. 4981.

22 F.2d 680 (1927)

BANKERS' UTILITIES CO., Inc., et al. v. PACIFIC NAT. BANK et al.

Circuit Court of Appeals, Ninth Circuit.

November 21, 1927.

Attorney(s) appearing for the Case

R. L. Daily, of San Francisco, Cal., for appellants.

Chas. E. Townsend and Wm. A. Loftus, both of San Francisco, Cal., and C. P. Goepel, of New York City, for appellees.

Before GILBERT, DIETRICH, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

The appellees present a petition for modification of the mandate sent down by this court in the above-entitled cause; the court having found that the decree of the court below dismissing the suit was erroneous, and that claim 6 of the patent sued upon was valid. It is now represented that the mandate was erroneous, in allowing the appellants costs on the appeal, and that the case comes within the provisions of section 973, Rev. Stat. (28 USCA...

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