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DEITEL v. REICH-ASH CORPORATION

No. 296.

57 F.2d 708 (1932)

DEITEL v. REICH-ASH CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

April 11, 1932.

Attorney(s) appearing for the Case

W. P. Preble, of New York City, for appellant.

Thomas J. Johnston and Otto Munk, both of New York City (William F. Hall, of Washington, D. C., of counsel), for appellee Reich-Ash Corporation.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This suit was brought on claim 6 of the patent issued July 3, 1923, to Butler F. Greer. All other claims of the patent as it originally issued had been disclaimed some time after a decision of the Ninth Circuit holding the patent valid as to claim 6 only. See Bankers' Utilities Co. v. Pacific National Bank (C. C. A.) 18 F.2d 16. We considered the patent on an appeal from an order granting a motion to dismiss...

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