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OWEN v. PERKINS OIL WELL CEMENTING CO.

No. 5927.

38 F.2d 30 (1930)

OWEN et al. v. PERKINS OIL WELL CEMENTING CO.

Circuit Court of Appeals, Ninth Circuit.

February 10, 1930.

Attorney(s) appearing for the Case

Westall & Wallace, of Los Angeles, Cal., for appellants.

Lyon & Lyon, Frederick S. Lyon, Leonard S. Lyon, and Henry S. Richmond, all of Los Angeles, Cal., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from an interlocutory decree entered January 23, 1928, adjudging claim 2 of letters patent 1,011,484, granted December 12, 1911, to Perkins and Double, valid and infringed, and directing an accounting, and, from the final decree in pursuance thereof, awarding judgment against appellant for $16,250, with costs. Appellant claims prior use, no invention, and no infringement. The patent...

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