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CALLISON v. PICKENS

No. 1178.

77 F.2d 62 (1935)

CALLISON v. PICKENS et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 7, 1935.

Attorney(s) appearing for the Case

A. A. Davidson, of Tulsa, Okl. (M. S. Sawyer, Frederick W. Bailey, and Preston C. West, all of Tulsa, Okl., on the brief), for appellant.

Clarence E. Threedy, of Chicago, Ill. (Charles B. Cannon, of Chicago, Ill., and Travis I. Milsten, David R. Milsten, and Eben L. Taylor, all of Tulsa, Okl., on the brief), for appellees.

Before McDERMOTT and BRATTON, Circuit Judges, and KENNEDY, District Judge.

BRATTON, Circuit Judge.

Appellant instituted this suit to restrain further infringement of patent No. 1,645,370 and to recover damages for past infringement. The defenses were noninfringement, lack of invention, and anticipation. At the conclusion of the trial, the court sustained the last two defenses and dismissed the bill. This appeal followed.

The invention relates to an improvement in amusement devices having a propelling contrivance for balls, a target...

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