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GULF SMOKELESS COAL CO. v. SUTTON, STEELE & STEELE

No. 2825.

35 F.2d 433 (1929)

GULF SMOKELESS COAL CO. et al. v. SUTTON, STEELE & STEELE et al.

Circuit Court of Appeals, Fourth Circuit.

October 15, 1929.

Attorney(s) appearing for the Case

Donald M. Carter, of Chicago, Ill., and Russell S. Ritz, of Bluefield, W. Va. (Francis W. Parker, Jr., and Norman S. Parker, both of Chicago, Ill., on the brief), for appellants.

A. S. Pattison, of Washington, D. C., D. J. F. Strother, of Welch, W. Va., A. S. Pattison & Son, of Washington, D. C. (Strother, Sale, Curd & Tucker, of Welch, W. Va., and W. H. Pattison, of Washington, D. C., on the brief), for appellees.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an infringement suit instituted by Sutton, Steele & Steele, the owners of patents 1,073,644 and 1,315,881, covering separating tables and processes of separation, and the American Coal Cleaning Company, licensee under the patents, against the Gulf Smokeless Coal Company. During the hearing of the case, an order was entered making Roberts & Schaefer Company, an Illinois corporation, a party defendant, on the ground...

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