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IN-A-FLOOR SAFE CO. v. DIEBOLD SAFE & LOCK CO.

No. 8215.

91 F.2d 341 (1937)

IN-A-FLOOR SAFE CO., Limited, v. DIEBOLD SAFE & LOCK CO.

Circuit Court of Appeals, Ninth Circuit.

July 19, 1937.

Attorney(s) appearing for the Case

Fred H. Miller and Alfred E. Dennis, both of Los Angeles, Cal., for appellant.

John H. Lee, of Chicago, Ill., and Lyon & Lyon and Frederick S. Lyon, all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order denying defendant in a patent infringement suit the right to file a counterclaim.

On December 18, 1934, appellee, Diebold Safe & Lock Company, filed a complaint against the defendant-appellant alleging the ownership by plaintiff of letters patent 1,965,296, granted upon the application of one Miller, the patent being for a type of money chest or safe. The complaint alleged that defendant was infringing...

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