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WOOLWORTH CO. v. EMERY

Nos. 5518, 5519.

42 F.2d 398 (1930)

F. W. WOOLWORTH CO. v. EMERY. S. S. KRESGE CO. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1930.

Attorney(s) appearing for the Case

J. C. Kerr, of New York City (Marston Allen, of Cincinnati, Ohio, on the brief), for appellants.

A. J. Hudson, of Cleveland, Ohio (Kwis, Hudson & Kent, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Separate suits by appellee, Emery, against appellants, Woolworth Company and Kresge Company, for infringement of reissued letters patent No. 15,641, for "artificial fruit and method of producing same." The cases were heard together. Claims 6, 8, 11, and 13, all "article" claims, are in issue. The patent was before this court in Emery v. George H. Bowman Co., 11 F.2d 525, 526, and these claims were upheld. Judge...

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