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MILLS NOVELTY CO. v. MONARCH TOOL & MFG. CO.

No. 6634.

76 F.2d 653 (1935)

MILLS NOVELTY CO. v. MONARCH TOOL & MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

April 10, 1935.

Attorney(s) appearing for the Case

C. S. Lloyd, of Chicago, Ill. (William R. Wood and Edmund P. Wood, both of Cincinnati, Ohio, Kirkland, Fleming, Green & Martin, of Chicago, Ill., and Wood & Wood, of Cincinnati, Ohio, on the brief), for appellant.

Walter F. Murray, of Cincinnati, Ohio (Frank L. Zugelter and Murray & Zugelter, all of Cincinnati, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is by the plaintiff below from a decree dismissing a supplemental bill in a suit for infringement of Lesley and Schoen patent, No. 1,198,861, for an electric circuit controller for automatic musical instruments or like machines. The patent has already been adjudicated as between the same parties in this court, 49 F.2d 28, where validity was sustained and infringement found in the defendant's prior...

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