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JAY v. SUETTER

No. 5780.

32 F.2d 879 (1929)

JAY et al. v. SUETTER et al.

Circuit Court of Appeals, Ninth Circuit.

June 3, 1929.

Attorney(s) appearing for the Case

Winter & Maguire and Loyal H. McCarthy, all of Portland, Or., for appellants.

George L. Wilkinson and Charles S. Burton, both of Chicago, Ill., and Dey, Hampson & Nelson, of Portland, Or., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRIGH, Circuit Judge.

The plaintiffs below, Webb Jay and Stewart-Warner Speedometer Corporation, are respectively the owner of and exclusive licensee under patent No. 1,132,273, granted to Jay March 16, 1915. The patent is for what is commonly known as a vacuum tank fuel feed for automobiles. The complaint alleges infringement thereof, particularly of claims 9 and 14, by the defendants, in their manufacture and sale of what is referred to as the Simplex vacuum...

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