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MARTIN v. H. C. MILLER CO.

No. 4780.

63 F.2d 5 (1932)

MARTIN et al. v. H. C. MILLER CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 28, 1933.

Attorney(s) appearing for the Case

Luther Johns and Ralph M. Snyder, both of Chicago, Ill., for appellants.

Ira Milton Jones, of Milwaukee, Wis. (George A. Chritton, of Chicago, Ill., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Appellants, plaintiffs in the District Court in a suit for infringement of patent 1,269,479 issued to Martin, June 11, 1918, appeal from a decree finding no infringement and dismissing the bill. At the trial as well as upon this appeal appellee questioned also the validity of the patent, but the trial court found it unnecessary to decide the issue thus raised, and, in view of our conclusions as to infringement, we have not considered the same...

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