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JENSEN-SALSBERY LAB. v. O. M. FRANKLIN B. SERUM CO.

No. 1013.

72 F.2d 15 (1934)

JENSEN-SALSBERY LABORATORIES, Inc., v. O. M. FRANKLIN BLACKLEG SERUM CO.

Circuit Court of Appeals, Tenth Circuit.

June 30, 1934.

Attorney(s) appearing for the Case

Henry N. Ess, of Kansas City, Mo. (Thorpe & Thorpe, of Kansas City, Mo., T. M. Lillard, of Topeka, Kan., and I. N. Watson, of Kansas City, Mo., on the brief), for appellant.

A. J. O'Brien, of Denver, Colo. (M. E. Anderson, of Denver, Colo., and Jas. E. Smith, of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

The O. M. Franklin Blackleg Serum Company, hereinafter called Franklin Company, brought this suit against the Jensen-Salsbery Laboratories, Inc., hereinafter called Jensen-Salsbery, to enjoin infringement of patent No. 1,511,557, issued October 14, 1924, and for an accounting.

The patent is for a process for preparing blackleg bacterin. It is a vaccine used to immunize against symptomatic anthrax or blackleg, a disease to which herbivorous...

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