LINVILLE v. MILBERGER

No. 883-N.

29 F.2d 610 (1928)

LINVILLE et al. v. MILBERGER.

District Court D. Kansas. First Division.

October 1, 1928.


Attorney(s) appearing for the Case

Toulmin & Toulmin, of Dayton, Ohio, for plaintiff.

Fisher, Clapp, Soans & Pond, of Chicago, Ill., for defendant.


McDERMOTT, District Judge.

This action is one for infringement of letters patent, in which an injunction and an accounting, with treble damages, are asked; there are also allegations of unfair trade, for which damages are asked. The accounting and the issue as to unfair trade were reserved until the underlying question of the validity of the patent is determined. The defenses are the usual ones of noninfringement and lack of patentability. A trial was had to the court...

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