CITY OF ST. LOUIS v. PRENDERGAST

No. 8001.

29 F.2d 188 (1928)

CITY OF ST. LOUIS v. PRENDERGAST.

Circuit Court of Appeals, Eighth Circuit.

September 28, 1928.


Attorney(s) appearing for the Case

Arthur C. Eckert, of St. Louis, Mo., for appellant.

J. Henry Kinealy, of St. Louis, Mo. (William B. Kinealy, of St. Louis, Mo., on the brief), for appellee.

Before VAN VALKENBURG and BOOTH, Circuit Judges, and POLLOCK, District Judge.


BOOTH, Circuit Judge.

This is an appeal from a decree which held valid claim 2 of United States patent No. 1,012,433, issued December 19, 1911, to appellee, Edward Prendergast, for a "truncated box for street valves, fire plugs, meters, and the like," and which held further that appellant city had infringed said claim. The infringement was and is conceded, if the claim is valid. The claim reads as follows:

"The herein described truncated box for street valves...

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