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LUMMUS COTTON GIN CO. v. MURRAY CO.

No. 8448.

92 F.2d 69 (1937)

LUMMUS COTTON GIN CO. v. MURRAY CO.

Circuit Court of Appeals, Fifth Circuit.

September 11, 1937.

Attorney(s) appearing for the Case

Charles Mortimer Smithdeal and William Harrison Shook, both of Dallas, Tex., and Henry L. Jennings, of Birmingham, Ala., for appellant.

Jack A. Schley and Irving L. Goldberg, both of Dallas, Tex., for appellee.

Before FOSTER, HUTCHESON and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought this suit against appellant to enjoin infringement of letters patent No. 2,051,550, issued August 18, 1936, to appellee, as assignee of Wm. H. Dodson, the inventor, and for an accounting. The patent was granted for an improvement in cotton gins of the pneumatic type. Appellant denied infringement and pleaded anticipation by prior patents and publications and prior use. The District Court held the patent to be valid and infringed...

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