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CUGLEY v. BUNDY INCUBATOR CO.

No. 7646.

93 F.2d 932 (1937)

CUGLEY et al. v. BUNDY INCUBATOR CO.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1937.

Attorney(s) appearing for the Case

Otis A. Earl and Ralph L. Chappell, both of Kalamazoo, Mich. (Thomas G. Haight, of Jersey City, N. J., and Earl & Chappell, of Kalamazoo, Mich., on the brief), for appellants.

Albert L. Ely, of Cleveland, Ohio (Laurence W. Smith and Smith, Strawhecker & Wetmore, all of Grand Rapids, Mich., on the brief), for appellee.

Before SIMONS and ALLEN, Circuit Judges, and HAMILTON, District Judge.

ALLEN, Circuit Judge.

Appeal from a decree holding Patent No. 1,911,250 valid and infringed, and enjoining appellant company, which is a manufacturer of incubators competing with appellee, and appellant George Cugley, manager and vice-president of appellant company, from manufacturing or using structures which infringe. The patent is for a method, and the only claim involved is No. 5, which reads as follows:

"In a method of operating a mammoth incubator, placing...

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