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N. O. NELSON MFG. CO. v. F. E. MYERS & BRO. CO.

No. 5776.

56 F.2d 512 (1932)

N. O. NELSON MFG. CO. v. F. E. MYERS & BRO. CO.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied April 13, 1932.

Attorney(s) appearing for the Case

John L. Jackson and John A. Dienner, both of Chicago, Ill., for appellant.

H. A. Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr., of Dayton, Ohio, and Ross A. Mathews, of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

Following the decision of this court on the first appeal of this case [25 F.2d 659] the appellant filed a petition for rehearing, and made a motion, based on an Australian patent to Saunders, No. 17,970/15, dated November 18, 1915, to vacate the decision and remand the cause to the district court for a hearing and decision upon such additional proofs as might be offered. Before the motion was passed upon, appellee...

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