LARKIN PACKER CO. v. HINDERLITER TOOL CO.

No. 644.

60 F.2d 491 (1932)

LARKIN PACKER CO. v. HINDERLITER TOOL CO.

Circuit Court of Appeals, Tenth Circuit.

August 20, 1932.


Attorney(s) appearing for the Case

John H. Bruninga, of St. Louis, Mo., for appellant.

Russell R. Hays, of Tulsa, Okl. (Howell E. Hays, of Tulsa, Okl., and Charles W. Hills and Alexander C. Mabee, both of Chicago, Ill., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

On August 8, 1931, the trial court rendered a decree perpetually enjoining appellant from infringing letters patent of appellee, and directing an accounting of the profits. Thirty-one days thereafter, an appeal from such decree was petitioned for and allowed. The appellee moves to dismiss the appeal.

If the appeal was not taken within the period allowed by the applicable statute, Act of Feb. 28, 1927 (28 USC § 227a [28 USCA ...

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