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THOMAS DAY CO. v. DOBLE LABORATORIES

No. 6050.

42 F.2d 6 (1930)

THOMAS DAY CO. v. DOBLE LABORATORIES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 26, 1930.

Attorney(s) appearing for the Case

George L. Wilkinson, of Chicago, Ill., Langdon Moore, of Bloomington, Ill., and John H. Miller and A. W. Boyken, both of San Francisco, Cal., for appellant.

Lyon & Lyon, Frederick S. Lyon, Leonard S. Lyon, and Henry S. Richmond, all of Los Angeles, Cal., and Charles M. Fryer, of San Francisco, Cal., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

The appellee, a research corporation and the holder of two combination patents — Doble No. 1,131,683, issued March 16, 1915, and Doble No. 1,359,042, issued November 16, 1920 — by its bill of complaint charged the appellant with infringement of claim No. 1 of the first and claims 2, 3, and 4 of the second, in that it was selling in California what was referred to in the record as the Oil-O-Matic heating device manufactured by...

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