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WESTERN BATTERY & SUPPLY CO. v. HAZELETT STOR. BATTERY CO.

Nos. 9447, 9448.

61 F.2d 220 (1932)

WESTERN BATTERY & SUPPLY CO. v. HAZELETT STORAGE BATTERY CO. SAME v. WEBSTER.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 30, 1932.

Attorney(s) appearing for the Case

Carle Whitehead, of Denver, Colo. (Henry S. Conrad, of Kansas City, Mo., and Malcolm Lindsey, D. K. Wolfe, Jr., and Whitehead & Vogl, all of Denver, Colo., on the brief), for appellant.

Hadley F. Freeman, of Cleveland, Ohio (Harry S. Weidman, of Cleveland, Ohio, George M. Albrecht, of Milwaukee, Wis., and Lynn Webb and McCune, Caldwell & Downing, all of Kansas City, Mo., on the brief), for appellees.

Before STONE, KENYON, and VAN VALKENBURGH, Circuit Judges.

KENYON, Circuit Judge.

Appellees (herein at times called plaintiffs) brought their respective suits in the District Court of the United States for the Western District of Missouri to restrain appellant (henceforth frequently called defendant) from further infringement of certain letters patent held by plaintiffs, and to obtain an accounting for past infringement. Defendant did not question the validity of the patents sued on, and admitted the doing of acts which,...

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