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KNIGHT v. RITE SHOE CO.

No. 2174.

23 F.2d 903 (1928)

KNIGHT v. RITE SHOE CO., Inc., et al.

Circuit Court of Appeals, First Circuit.

February 2, 1928.

Attorney(s) appearing for the Case

Herbert A. Baker and Marcus B. May, both of Boston, Mass., for appellant.

George P. Dike, of Boston, Mass. (Elmer J. Gray and Macleod, Calver, Copeland & Dike, all of Boston, Mass., on the brief), for appellees.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is a bill in equity, brought for infringement of letters patent No. 1,584,230, applied for May 29, 1925, and issued May 11, 1926, to the plaintiff, Joseph C. Knight, for a perforating machine.

The defendants having filed answers setting up various defenses, the case came on for trial. In the course of the trial, counsel for the defendants stated that, while the plaintiff's application for a patent was pending in the Patent Office...

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