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DEMCO v. DOUGHNUT MACH. CORPORATION

Nos. 3287, 3288.

62 F.2d 23 (1932)

DEMCO, Inc., et al. v. DOUGHNUT MACH. CORPORATION. JOE-LOWE CORPORATION et al. v. SAME.

Circuit Court of Appeals, Fourth Circuit.

November 30, 1932.

Attorney(s) appearing for the Case

Edwin F. Samuels and Charles Markell, both of Baltimore, Md., for appellants.

Frank B. Fox and Henry N. Paul, both of Philadelphia, Pa. (Fraley & Paul, of Philadelphia, Pa., and O. B. Duckett, Jr., and Adams & Hargest, all of Baltimore, Md., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and WATKINS, District Judge.

PARKER, Circuit Judge.

This is an appeal in two patent suits consolidated and heard together in the court below. Appellee sued to restrain alleged infringement of eight patents covering machines for making doughnuts. Three of the patents were abandoned in the trial court and the judge held that there was no infringement as to one of the others. He held, however, that certain claims of Tomlinson patent No. 1,320,662, Bergner patents Nos. 1,492,541 and 1,665,017 and...

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