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LINVILLE v. MILBERGER

No. 73.

34 F.2d 386 (1929)

LINVILLE et al. v. MILBERGER.

Circuit Court of Appeals, Tenth Circuit.

August 17, 1929.

Attorney(s) appearing for the Case

H. A. Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr., of Dayton, Ohio, and Burns & White, of Kansas City, Mo., on the brief), for appellants.

George P. Fisher, and Cyril A. Soans, both of Chicago, Ill. (Fisher, Clapp, Soans & Pond, of Chicago, Ill., O. D. McCollum, of Kansas City, Mo., and L. Ward Bannister, of Denver, Colo., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from a decree in favor of the defendant in a suit brought by Christie D. Linville, administratrix of the estate of Charlie J. Angell, deceased, and the Ohio Cultivator Company against Emanuel Milberger, for alleged infringement of claims 1, 2, 4, and 5 of patent No. 1,615,499 for a one-way disc plow. Application for this patent was filed May 11, 1926, by Charlie J. Angell. The patent was issued January 25, 1927. The Ohio...

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