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SMITH v. SPRINGDALE AMUSEMENT PARK

No. 5335.

40 F.2d 173 (1930)

SMITH v. SPRINGDALE AMUSEMENT PARK, Limited, et al.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1930.

Attorney(s) appearing for the Case

J. E. Sater, of Columbus, Ohio, and E. H. M'Caleb, of New Orleans, La. (Walter F. Murray, of Cincinnati, Ohio, and C. Arthur Anderson, of St. Louis, Mo., on the brief), for appellant.

Paul Bakewell, of St. Louis, Mo. (J. W. Heintzman, of Cincinnati, Ohio, on the brief), for appellees.

Before MOORMAN and HICKS, Circuit Judges, and ANDERSON, District Judge.

MOORMAN, Circuit Judge.

This suit, as originally brought, was for the infringement of eight patents issued to Owen B. Smith, each of which related to apparatus for dog racing. Before trial, and in response to interrogatories filed by the defendant, the plaintiff elected to rely upon but three of the patents, Nos. 1,379,224, 1,507,440, and 1,507,439. The trial court decreed the first and third of these valid, but not infringed, and the second invalid as involving only...

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