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BENOIT v. WADLEY CO.

No. 4527.

54 F.2d 1041 (1932)

BENOIT et al. v. WADLEY CO. et al.

Circuit Court of Appeals, Seventh Circuit.

January 5, 1932.

Attorney(s) appearing for the Case

Ephriam Banning and Russell Wiles, both of Chicago, Ill., for appellants.

William F. Freudenreich, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

Suit was brought on claim 1 of Patent No. 1,674,942, issued June 26, 1928, to Leon Benoit, covering a machine for assembling cartons such as are suitable for the reception of eggs. The court found that claim 1, the only one involved, "if valid, must be strictly construed," and, when so construed, there was no infringement by appellees' machine. Benoit is the owner of the patent, and his co-appellant is the exclusive licensee thereunder. Appellees...

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