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CARSON INV. CO. v. ANACONDA COPPER MINING CO.

No. 229.

17 F.2d 815 (1927)

CARSON INV. CO. et al. v. ANACONDA COPPER MINING CO.

District Court, D. Montana.

January 24, 1927.

Attorney(s) appearing for the Case

Kremer, Sanders & Kremer, of Butte, Mont., and John H. Miller, Charles S. Wheeler, Jr., and A. W. Boyken, all of San Francisco, Cal., for plaintiffs.

L. O. Evans, D. Gay Stivers, and John A. Groeneveld, all of Butte, Mont., D. Anthony Usina, of New York City, Jones. Addington, Ames & Seibold, W. Clyde Jones, Arthur A. Olson, Thorley von Holst, A. F. Mecklenburger, and Arthur B. Seibold, all of Chicago, Ill., for defendant.

BOURQUIN, District Judge.

This is the usual infringement suit, involving the patents and claims upheld in Carson v. Company (C. C. A.) 4 F.2d 463. Defendant's motion to dismiss for defect of parties, made at beginning of trial (a dilatory and vile practice), not heard then, is denied now. Although Carson, one cestui of several, brought the suit ostensibly as sole owner, and which questionable tactics are poorly explained, and although...

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