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CLEVELAND TRUST CO. v. SIMMONS MFG. CO.

No. 6264.

66 F.2d 134 (1933)

CLEVELAND TRUST CO. et al. v. SIMMONS MFG. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1933.

Attorney(s) appearing for the Case

H. Andrews and W. C. McCoy, both of Cleveland, Ohio (Evans & McCoy, Richey & Watts, and Andrews, Hadden & Burton, all of Cleveland, Ohio, on the brief), for appellants.

J. H. Bruninga, of St. Louis, Mo., for appellees.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The Simmons Manufacturing Company was the vendor of a device, of which the Sterling Products Company was alleged to be the manufacturer. In a patent infringement suit begun in the court below by the appellants as plaintiffs, the Simmons and Sterling Companies were charged as joint and several infringers. The Sterling Company was not found in the district, and service upon it could not be obtained. After the filing of an answer by the Simmons...

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