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BUCKEYE INCUBATOR CO. v. PETERSIME

No. 4797.

19 F.2d 721 (1927)

BUCKEYE INCUBATOR CO. et al. v. PETERSIME et al.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1927.

Attorney(s) appearing for the Case

Border Bowman, of New York City, and Charles E. Brock, of Cleveland, Ohio (Staley & Bowman, of Springfield, Ohio, on the brief), for appellant Buckeye Incubator Co.

H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio (G. O. Farquharson, of Cleveland, Ohio, on the brief), for appellee Petersime.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

The decree below dismissed a bill for infringement of United States letters patent 1,262,860, to Samuel B. Smith, covering a hatching method for eggs and an apparatus for practicing it. The validity of the patent has been sustained in Buckeye Incubator Co. v. Wolf (D. C.) 291 F. 253, affirmed (6 C. C. A.) 296 F. 680, and in Buckeye Incubator Co. v. Cooley (3 C. C. A.) 17 F.2d 453. The process and device used...

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