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W. S. GODWIN CO. v. INTERNATIONAL STEEL TIE CO.

No. 5024.

29 F.2d 476 (1928)

W. S. GODWIN CO. v. INTERNATIONAL STEEL TIE CO.

Circuit Court of Appeals, Sixth Circuit.

December 10, 1928.

Attorney(s) appearing for the Case

Charles E. Brock, of Cleveland, Ohio (Hull, Brock & West, of Cleveland, Ohio, on the brief), for appellant.

Joseph B. Keenan, of Cleveland, Ohio, for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

DENISON, Circuit Judge.

This is the second appearance of this case in this court. See 2 F.2d 198. The patent involved was there held to be valid, and the case was remanded for an accounting, if the District Court should think proper.

It was assumed in our opinion that the defendant had, in effect, paid plaintiff advance royalties which might be sufficient to cover any liability for...

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