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LE MUR CO. v. W. G. SHELTON CO.

No. 8345.

32 F.2d 79 (1929)

LE MUR CO. v. W. G. SHELTON CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 22, 1929.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (Lawrence C. Kingsland, of St. Louis, Mo., and Richey & Watts, of Cleveland, Ohio, on the brief), for appellant.

Rodney Bedell, of St. Louis, Mo. (Eugene V. Myers, of New York City, on the brief), for appellee.

Before LEWIS, Circuit Judge, and WOODROUGH and McDERMOTT, District Judges.

WOODROUGH, District Judge.

This is a suit joining the causes of patent infringement and unfair competition. Upon the trial the patent was held invalid because anticipated by the prior art, and the issue as to unfair competition was determined in favor of the defendant against the plaintiff. The plaintiff appeals.

Having been duly allowed in the Patent Office, the presumption of validity must be accorded to the patent. It relates to a steaming tube for hair...

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