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WILSON & BENNETT MFG. CO. v. NIEDRINGHAUS

No. 8036.

28 F.2d 766 (1928)

WILSON & BENNETT MFG. CO. v. NIEDRINGHAUS, Inc.

Circuit Court of Appeals, Eighth Circuit.

October 22, 1928.

Attorney(s) appearing for the Case

Glenn S. Noble, of Chicago, Ill. (Howard G. Cook, of St. Louis, Mo., on the brief), for appellant.

Paul Bakewell, of St. Louis, Mo., for appellee.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

This is a suit for infringement of the rights claimed under letters patent No. 1,270,758 for improvement on cans. The answer denied the validity of the claim for the patent in issue and also denied infringement. There was pleaded a counterclaim which was stricken out concerning which no question is raised. The trial court did not pass upon the validity of the claims of the patent in issue, but entered a decree denying infringement, from which...

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