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SHERWIN-WILLIAMS CO. v. CALIFORNIA SPRAY CHEMICAL CO.

No. 5880.

61 F.2d 297 (1932)

SHERWIN-WILLIAMS CO. v. CALIFORNIA SPRAY CHEMICAL CO.

Circuit Court of Appeals, Sixth Circuit.

October 14, 1932.

Attorney(s) appearing for the Case

Charles Neave, of New York City (Charles Neave and Maxwell Barus, both of New York City, on the brief), for appellant.

Wilber Owen, of Toledo, Ohio (Livingston Gifford, of New York City, and Wilber Owen and Owen & Owen, all of Toledo, Ohio, on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

Suit for alleged infringement of patent No. 892,603, issued July 7, 1908, for a "Process of Making Arsenate of Lead," granted to Luther and Volck and assigned to appellee. The suit was not brought until within three years before, and was not tried until after, the expiration of the patent. The only relief now available, therefore, is an accounting. The patent has a single claim, to wit: "The process of making arsenate of lead which consists in...

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