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WAGNER v. CORN PRODUCTS REFINING CO.

28 F.2d 617 (1928)

WAGNER v. CORN PRODUCTS REFINING CO.

District Court, D. New Jersey.

October 25, 1928.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight, of Jersey City, N. J., Edmund F. Driggs, of Brooklyn, N. Y., and Hans v. Briesen, of New York City, of counsel), for plaintiff.

Frank H. Hall, of Rockford, Ill. (Percival H. Truman, of Chicago, Ill., of counsel), for defendant.

RELLSTAB, District Judge.

This is an action at law to recover damages for an alleged infringement of a patent which expired before the suit was begun. The patent is for a "process of manufacturing anhydrous grape sugar from corn and analogous farinaceous material." The defendant moves to strike out the complaint, because it fails to allege that the defendant was notified of the infringement.

The plaintiff concedes that, if such notice is required in the case...

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