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CHERRY-BURRELL CORPORATION v. DAIRY & CREAMERY E. CO.

No. 9978.

75 F.2d 60 (1934)

CHERRY-BURRELL CORPORATION v. DAIRY & CREAMERY EQUIPMENT CO.

Circuit Court of Appeals, Eighth Circuit.

December 20, 1934.

Attorney(s) appearing for the Case

William O. Belt, of Chicago, Ill. (Arthur C. Brown, of Kansas City, Mo., on the brief), for appellant.

Charles W. Gerard, of Kansas City, Mo., for appellee.

Before STONE, GARDNER, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is an action for infringement of letters patent No. 1,620,116, granted D. A. Maanum, March 8, 1927, and covering a mechanism to wash milk cans. The defenses were invalidity of the patent and noninfringement. The issue of invalidity in the court below involved prior use and also anticipation by prior patents. The trial court found prior use and noninfringement without indicating any view as to the issue of anticipation by earlier patents...

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