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METTLER v. PEABODY ENGINEERING CORPORATION

56 F.2d 184 (1931)

METTLER v. PEABODY ENGINEERING CORPORATION et al.

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

December 29, 1931.

Attorney(s) appearing for the Case

Arthur F. Larrabee and Norbert Savay, both of Los Angeles, Cal., for plaintiff.

Charles S. Jones, of New York City, and Edward J. Rodden, of Los Angeles, Cal., for defendant Peabody Mfg. Co.

Paul Overton, of Los Angeles, Cal., for defendant Los Angeles Gas & Electric Corporation.

McCORMICK, District Judge.

This is a suit in equity for the alleged infringement of letters patent No. 1,440,614, for a combination gas burner, issued to Lee B. Mettler on January 2, 1923. The customary injunction is sought as well as damages. The sole patent claim in issue is claim 3, which reads as follows: "In a combustion unit, an open ended air tube, a gas chamber surrounding the walls of the tube, and a block of refractory material abutting against one end of...

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