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EGRY REGISTER CO. v. STANDARD REGISTER CO.

No. 4762.

23 F.2d 438 (1928)

EGRY REGISTER CO. v. STANDARD REGISTER CO.

Circuit Court of Appeals, Sixth Circuit.

January 6, 1928.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin, of Dayton, Ohio, on the brief), for appellant.

Alfred M. Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, E. H. & W. B. Turner, of Dayton, Ohio, and Marston Allen, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON and MACK, Circuit Judges, and DAWSON, District Judge.

DENISON, Circuit Judge.

In 267 F. 186, this court affirmed the decree which had found the validity of the Schirmer patent, No. 940,481, belonging to the Standard Company, and the infringement of claims 1 and 2 by the Egry Company. There were thereafter a reference to a master for the usual accounting, and long proceedings before the master. His final report found, among other things, that defendant's profits by the direct infringement were about $9,000, and that defendant...

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