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BURKE v. EMSCO DERRICK & EQUIPMENT CO.

No. 7823.

85 F.2d 774 (1936)

BURKE et al. v. EMSCO DERRICK & EQUIPMENT CO. et al.

Circuit Court of Appeals, Ninth Circuit.

September 22, 1936.

Attorney(s) appearing for the Case

Frederick S. Lyon, Leonard S. Lyon, and Lewis E. Lyon, all of Los Angeles, Cal., for appellants.

Ford W. Harris, of Los Angeles, Cal. (R. Welton Whann and Ward D. Foster, both of Los Angeles, Cal., of counsel), for appellees.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

Appellants filed their bill of complaint, charging appellees with infringing a patent of which appellant Mark P. Burke is the owner, and appellant the Oil Country Specialties Manufacturing Company is the sole licensee. The bill prayed for an injunction restraining further infringement of the patent and for an accounting of profits and damages. Appellees answered, pleading invalidity of the patent and denying any infringement thereof. On final...

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