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AMERICAN ELECTRIC RABBIT RACING ASSOCIATION, v. SMITH

No. 5189.

26 F.2d 1016 (1928)

AMERICAN ELECTRIC RABBIT RACING ASSOCIATION, Inc., New Orleans Kennel Club, Inc., G. W. Heintz, I. B. Rennyson, Charles A. Cody, Jr., and Vic J. Passera, Appellants, v. Owen P. SMITH (Hannah M. Smith, Administratrix of the Estate of Owen P. Smith, Deceased), Appellee.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 10, 1928.

Attorney(s) appearing for the Case

Paul Bakewell, of St. Louis, Mo., and Nat W. Bond, of New Orleans, La. (Haight, Adcock, Haight & Harris, of Chicago, Ill., and W. J. Gex, of Bay St. Louis, Miss., on the brief), for appellants.

E. Howard McCaleb, of New Orleans, La. (John E. Sater, of Columbus, Ohio, and C. Arthur Anderson, of St. Louis, Mo., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal from an interlocutory decree holding that United States letters patent Nos. 1,379,224, 1,507,440, and 1,507,439, granted to Owen P. Smith for improvements in certain paraphernalia used for dog racing, were infringed by defendants, granting an injunction and referring the case to a master for an accounting.

The patents in suit and the infringing devices are fully described in the opinion of the District Court (

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