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POWER v. MOLA WASHING MACH. CO.

No. 9101.

49 F.2d 1009 (1931)

POWER et al. v. MOLA WASHING MACH. CO.

Circuit Court of Appeals, Eighth Circuit.

April 29, 1931.

Attorney(s) appearing for the Case

C. Paul Parker, of Chicago, Ill. (Lionel V. Tefft, of Peoria, Ill., and Francis C. Downey, of Kansas City, Mo., on the brief), for appellants.

Eugene A. Thompson, of Syracuse, N. Y. (Denison & Thompson, of Syracuse, N. Y., and Henry S. Conrad, of Kansas City, Mo., on the brief), for appellee.

Before BOOTH and GARDNER, Circuit Judges, and MUNGER, District Judge.

BOOTH, Circuit Judge.

This is a patent suit in the conventional form, the defenses being invalidity of the patent and noninfringement.

The trial court dismissed the bill on the ground of noninfringement, the validity of the patent not being passed upon.

The patent involved is No. 1,288,694, issued December 24, 1918, to Simon E. Schroeder and Charles W. Bird, entitled "Driving Mechanism for Operating Devices."

The specifications state:

...

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