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CITY AND COUNTY OF SAN FRANCISCO v. UNION TANK & PIPE CO.

No. 6030.

39 F.2d 617 (1930)

CITY AND COUNTY OF SAN FRANCISCO v. UNION TANK & PIPE CO.

Circuit Court of Appeals, Ninth Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

John J. O'Toole, City Atty., and J. E. Trabucco, both of San Francisco, Cal., for appellant.

Ford W. Harris and Herbert A. Huebner, both of Los Angeles, Cal., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

Appellee, as the holder of patent No. 1,647,861, to Furey, brought this suit to enjoin infringement thereof. It covers a type of metal buttons or markers by means of which, when installed on street pavements, lines of travel are defined. For that purpose the appellant city was using a marker of a somewhat similar design. The statement of one of the three claims of the patent will suffice for all:

"1. A street button comprising: a concave...

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