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TUCKER BROS. MFG. CO. v. SPOKANE TOOL & DIE WORKS

No. 5606.

31 F.2d 569 (1929)

TUCKER BROS. MFG. CO. v. SPOKANE TOOL & DIE WORKS et al.

Circuit Court of Appeals, Ninth Circuit.

March 18, 1929.

Attorney(s) appearing for the Case

Percy S. Webster, of Stockton, Cal., and A. E. Russell, of Spokane, Wash., for appellant.

Arthur W. Davis and D. B. Heil, both of Spokane, Wash., for appellees.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

RUDKIN, Circuit Judge.

This is an appeal from a decree dismissing a suit for infringement of letters patent No. 1,411,391. The subject matter of the patent is a shim or washer adapted for use in tightening the spokes of automobile wheels, which have become loosened through wear or shrinkage. The present suit involves only claim three of the patent, which reads as follows: "A spoke tightener comprising a shim provided with an orifice adapted to receive the tenon of...

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