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WENBORNE-KARPEN DRYER CO. v. CUTLER DRY KILN CO.

21 F.2d 692 (1927)

WENBORNE-KARPEN DRYER CO. v. CUTLER DRY KILN CO.

District Court, W. D. New York.

January 15, 1927.

Attorney(s) appearing for the Case

William R. Rummler and Walter F. Boye, both of Chicago, Ill., Cyrus W. Rice, of Grand Rapids, Mich., and Edward R. Bosley, of Buffalo, N. Y., for plaintiff.

Drury W. Cooper, of New York City, and J. William Ellis, of Buffalo, N. Y., for defendant.

HAZEL, District Judge.

On this application, plaintiff asks for a rehearing on an issue of equitable estoppel, or, in the substantial wording of the brief, to set the case down for further proceedings and to present additional evidence to negative prior uses. The motion is based mainly on the ground that the plea of equitable estoppel was not specifically passed upon or decided either by this court or the Circuit Court of Appeals, which reversed the decree of this...

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