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CARSON INV. CO. v. CALUMET & ARIZONA MINING CO.

Nos. E-139, E-140.

29 F.2d 300 (1928)

CARSON INV. CO. et al. v. CALUMET & ARIZONA MINING CO. SAME v. PHELPS DODGE CORPORATION.

District Court, D. Arizona.

November 19, 1928.

Attorney(s) appearing for the Case

John H. Miller, Charles S. Wheeler, Jr., both of San Francisco, Cal., John M. Zane, of Chicago, Ill., A. W. Boyken, of San Francisco, Cal., and John H. Campbell and Archie Conner, both of Tucson, Ariz., for plaintiffs.

John Mason Ross, of Bisbee, Ariz., H. A. Elliott, of Phœnix, Ariz., and Arthur A. Olson, of Chicago, Ill. (Ellinwood & Ross, of Bisbee, Ariz., of counsel), for defendant Phelps Dodge Corporation.

Cleon T. Knapp, James P. Boyle, and Harry E. Pickett, all of Douglas, Ariz. (Knapp, Boyle & Pickett, of Douglas, Ariz., of counsel), for defendant Calumet & Arizona Mining Co.

SAWTELLE, District Judge.

These cases, involving the same questions, were, by order of court, tried together and argued as one case. Plaintiffs filed a complaint against each of the defendants, seeking an injunction to restrain infringement of patents Nos. 1,149,495 and 1,302,307, issued to George Campbell Carson, by assignment now held by plaintiffs, and praying an accounting of damages and profits.

Both patents relate to open hearth and reverberatory furnaces...

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