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SUMMERHAYS v. SCHEU MFG. CO.

47 F.2d 945 (1930)

SUMMERHAYS v. SCHEU MFG. CO. et al.

District Court, S. D. California, Central Division.

November 5, 1930.

Attorney(s) appearing for the Case

J. Calvin Brown, McGee & Robnett, and P. H. Burke, all of Los Angeles, Cal., for plaintiff.

John C. Carpenter, of Chicago, Ill., and Meserve, Mumper, Hughes & Robertson, of Los Angeles, Cal., for defendants.

HAZEL, District Judge.

The principal question in this case is whether infringement of plaintiff's three patents in issue is clearly and definitely shown. As remarked in plaintiff's brief, co-ordination of result, identity of means, and identity of operation must appear, and that defendant's heater operated upon the same principle as plaintiff's and achieved the same result in the same way. On a motion for preliminary injunction, infringement must be clearly and convincingly...

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