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BUCKEYE INCUBATOR CO. v. BLUM

No. 4951.

27 F.2d 333 (1928)

BUCKEYE INCUBATOR CO. et al. v. BLUM.

Circuit Court of Appeals, Sixth Circuit.

July 6, 1928.

Attorney(s) appearing for the Case

Chas. Neave, of New York City (Chas. E. Brock, of Cleveland, Ohio, Border Bowman, of New York City, and Newton D. Baker, of Cleveland, Ohio, on the brief), for appellants.

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

Before DENISON and MOORMAN, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM.

The court below (17 F.2d 456) held that the defendant there (appellee here) did not infringe the Smith patent, No. 1,262,860, issued April 16, 1918, for an incubator. The patent and its scope were discussed by this court in Wolff v. Buckeye Co., 296 F. 680, and in Buckeye Co. v. Petersime, 19 F.2d 721. They have been considered in other circuits in the cases mentioned in the note.

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