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GRAY v. TEXAS CO.

No. 10008.

75 F.2d 606 (1935)

GRAY v. TEXAS CO.

Circuit Court of Appeals, Eighth Circuit.

February 7, 1935.

Attorney(s) appearing for the Case

Leonard L. Kalish, of Philadelphia, Pa. (Thompson, Hessian & Fletcher and Maurice A. Hessian, all of Minneapolis, Minn., on the brief), for appellant.

Lynn A. Williams, of Chicago, Ill. (Orren E. Safford, of Minneapolis, Minn., Casper William Ooms and Williams, Bradbury, McCaleb & Hinkle, all of Chicago, Ill., and Shaw, Safford and Putnam, of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH, and BOOTH, Circuit judges.

BOOTH, Circuit Judge.

This is an appeal from a judgment dismissing a complaint after demurrer had been sustained thereto.

The suit was an action at law for damages for infringement by defendant-appellee of United States Patent No. 1,810,826 granted to plaintiff-appellant and covering a "Grease Service Rack."

The demurrer was based upon several grounds and was sustained generally; but the only ground relied upon by appellee in this court is as follows...

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