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CREAM TOP BOTTLE CORPORATION v. BAILES

No. 667.

62 F.2d 714 (1933)

CREAM TOP BOTTLE CORPORATION v. BAILES et al.

Circuit Court of Appeals, Tenth Circuit.

January 3, 1933.

Attorney(s) appearing for the Case

Henry D. Ashley, of Kansas City, Mo., and Roland Ford, of Albany, N. Y. (Howard W. Grant, of Kansas City, Mo., on the brief), for appellant.

Elmer E. Martin, of Kansas City, Kan., for appellees.

Before LEWIS and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

Appellant, plaintiff below, is the owner of a patent to Henderson, No. 1,528,480, covering a milk bottle of unusual design and a separator consisting of a disk attached to a stem. The object of the device is to facilitate the taking off the cream from a bottle of milk. The mouth of the patented bottle is larger than the disk of the separator; the neck of the bottle bulges below the mouth, and at the bottom of the bulge is the opening into...

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