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BUCKEYE INCUBATOR CO. v. HILLPOT

Nos. 3697, 3698.

24 F.2d 341 (1928)

BUCKEYE INCUBATOR CO. et al. v. HILLPOT. HILLPOT v. BUCKEYE INCUBATOR CO. et al.

Circuit Court of Appeals, Third Circuit.

February 10, 1928.

Attorney(s) appearing for the Case

Charles Neave, of New York City, and Charles E. Brock and Newton D. Baker, both of Cleveland, Ohio, for plaintiffs.

Arthur E. Paige and Frank E. Paige, both of Philadelphia, Pa., for defendant.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This case is the latest chapter in the litigation instituted by more than a score of suits in several circuits and involving Letters Patent No. 1,262,860 issued to the Buckeye Incubator Company, one of the plaintiffs, as assignee of S. B. Smith, the other plaintiff, for methods and apparatus for incubating eggs. The claims have been repeatedly held valid by appellate courts and quite irregularly held infringed and not infringed. For the literature...

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