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AMERICAN FRUIT GROWERS v. BROGDEX CO.

No. 3760.

35 F.2d 106 (1929)

AMERICAN FRUIT GROWERS, Inc., v. BROGDEX CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 15, 1929.

Attorney(s) appearing for the Case

Ward, Gray & Ward, of Wilmington, Del. (R. T. M. McCready, of Pittsburgh, Pa., and W. B. Morton and George E. Middleton, both of New York City, of counsel), for appellant.

Charles Neave, of New York City, Melville Church and R. F. Steward, both of Washington, D. C., and Alexander C. Neave, of New York City (William G. Mahaffy, of Wilmington, Del., of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and KIRKPATRICK, District Judge.

DAVIS, Circuit Judge.

This is an appeal from the decree of the District Court holding claims from 1 to 9, 14 to 18 and 23 to 26 inclusive, of United States Letters Patent No. 1,529,461 issued to Ernest M. Brogden and Miles L. Trowbridge, March 10, 1925 and by them assigned to the Brogdex Company, valid and infringed by the defendant, American Fruit Growers, Inc.

Claims 1 to 9 and 14 to 18, inclusive, are process claims, and 23 to 26, inclusive, are product...

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