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HUSTON v. BARRETT

No. 5051.

23 F.2d 907 (1928)

HUSTON v. BARRETT.

Circuit Court of Appeals, Fifth Circuit.

February 1, 1928.

Attorney(s) appearing for the Case

Geo. I. Haight and L. B. Mann, both of Chicago, Ill., Thomas J. Long, Jr., of Atlanta, Ga., and Samuel B. Hatcher, of Columbus, Ga. (Russell Wiles, of Chicago, Ill., and Hatcher & Hatcher, of Columbus, Ga., on the brief), for appellant.

Hyman M. Morris, Blair Foster, and Robert C. Alston, all of Atlanta, Ga. (Alston, Alston, Foster & Moise, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from a decree sustaining a motion to dismiss a bill in equity filed by the appellant against the appellee, both citizens of Georgia, which charged infringement of a patent and unfair competition. The patent in suit, No. 1,603,207, issued October 12, 1926, was for an improvement in paper bags particularly designed for use as containers of salted peanuts, salted almonds, and the like.

The specifications and claims of...

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