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GEO. H. LEE CO. v. PRATT FOOD CO.

No. 5243.

71 F.2d 823 (1934)

GEO. H. LEE CO. v. PRATT FOOD CO.

Circuit Court of Appeals, Third Circuit.

June 27, 1934.

Attorney(s) appearing for the Case

T. Hart Anderson, of New York City (Louis Necho, of Philadelphia, Pa., Munn, Anderson, Stanley, Foster & Liddy, Orson D. Munn, Sylvester J. Liddy, and Daniel H. Kane, all of New York City, of counsel), for appellant.

Augustus B. Stoughton, of Philadelphia, Pa. (Edw. S. W. Farnum, Jr., Henry J. Rebman, and James Gay Gordon, all of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.

BUFFINGTON, Circuit Judge.

In this case the Geo. H. Lee Company, the owner of patent No. 1,778,264, granted October 14, 1930, to George H. Lee for an insoluble capsule, charged the Pratt Food Company with infringement thereof. On hearing, the court below dismissed the bill, whereupon plaintiff took this appeal.

The patent concerns the expulsion of tapeworms from fowls. Though not generally known, tapeworms find lodgment in that part of the intestines of chickens...

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