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STEARNS-ROGER MFG. CO. v. RUTH

No. 1418.

87 F.2d 35 (1936)

STEARNS-ROGER MFG. CO. v. RUTH.

Circuit Court of Appeals, Tenth Circuit.

December 29, 1936.

Attorney(s) appearing for the Case

Forrest C. Northcutt, of Denver, Colo., for appellant.

Max D. Melville, of Denver, Colo., for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Heretofore we have held the appellee's patent valid and infringed, Stearns-Roger Mfg. Co. v. Ruth, 62 F.2d 442, and declined to hear additional evidence tendered with a view of demonstrating the error of our way, Stearns-Roger Mfg. Co. v. Ruth (C.C.A.) 79 F.2d 425, and have ordered that appellee recover from appellant "the profits, gains, and advantages which defendant has...

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