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DAIGGER CORPORATION v. EVONS

No. 3795.

38 F.2d 628 (1930)

DAIGGER CORPORATION v. EVONS.

Circuit Court of Appeals, Third Circuit.

February 13, 1930.

Attorney(s) appearing for the Case

E. Hayward Fairbanks, of Philadelphia, Pa. (Albert J. Fihe, of Chicago, Ill., of counsel), for appellant.

Wm. Steell Jackson, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, Circuit Judge, and THOMSON and AVIS, District Judges.

BUFFINGTON, Circuit Judge.

By bill filed in the court below, the Daigger Corporation, owner of patent No. 1,469,596 to Joseph W. Hoodwin for a tray, charged Evons and others with infringement thereof and of design patent No. 60,025 on such tray. The bill also charged unfair competition. On final hearing, the court found infringement was not shown. From a decree dismissing the bill, plaintiff took this appeal.

The specification aptly describes the alleged invention...

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