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IRA M. PETERSIME & SON v. ROBBINS

Nos. 1296, 1297.

81 F.2d 295 (1936)

IRA M. PETERSIME & SON v. ROBBINS. ROBBINS v. IRA M. PETERSIME & SON.

Circuit Court of Appeals, Tenth Circuit.

January 13, 1936.

Attorney(s) appearing for the Case

Rowan A. Greer, of Dayton, Ohio (H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, on the brief), for Ira M. Petersime & Son.

Robert D. Charlton, of Denver, Colo. (Raymond Ives Blakeslee, of Los Angeles, Cal., and Van Cise & Robinson and Philip S. Van Cise, all of Denver, Colo., on the brief), for John L. Robbins.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

LEWIS, Circuit Judge.

Ira M. and Ray Petersime as partners, residents and citizens of Ohio, sued John L. Robbins of Colorado alleging infringement of plaintiffs' Letters Patent for improvements in incubators. Robbins denied infringement, pleading the usual defenses in such cases. He also set up a counterclaim in which he sought damages against the plaintiffs for alleged unfair trade practices in the sale of incubators.

On final hearing the District Judge on...

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