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METTLER v. PEABODY ENGINEERING CORPORATION

No. 7553.

77 F.2d 56 (1935)

METTLER v. PEABODY ENGINEERING CORPORATION et al.

Circuit Court of Appeals, Ninth Circuit.

April 29, 1935.

Attorney(s) appearing for the Case

Arthur F. Larrabee, of Los Angeles, Cal., for appellant.

John W. Crandall, of New York City (Hunt, Hill & Betts, of New York City, of counsel), for appellees.

Before WILBUR and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

Appellant has appealed from a decree of the trial court dismissing his bill of complaint which alleged infringement by appellees of patent No. 1,440,614 issued to him for a gas burner. The gas burner used by the appellee Los Angeles Gas & Electric Company, which is claimed to infringe the appellant's patent, was manufactured by the appellee Peabody Engineering Company. The trial court sustained the validity of the patent, but held that,...

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