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OLIVER UNITED FILTERS v. EIMCO CORPORATION

No. 1496.

91 F.2d 345 (1937)

OLIVER UNITED FILTERS, Inc., v. EIMCO CORPORATION et al.

Circuit Court of Appeals, Tenth Circuit.

July 1, 1937.

Attorney(s) appearing for the Case

A. W. Boyken, of San Francisco, Cal. (George Faust, of Salt Lake City, Utah, and Miller & Boyken, of San Francisco, Cal., on the brief), for appellant.

Edward W. Robertson, of Spokane, Wash. (H. Van Dam, Jr., of Salt Lake City, Utah, and Robertson & Smith, of Spokane, Wash., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Oliver United Filters Incorporated brought this suit against the Eimco Corporation and Morris Rosenblatt to enjoin the infringement of patent 1,538,980 and for an accounting. The trial court found defendants' device did not infringe and entered its decree accordingly. Plaintiff has appealed.

The patent in suit was applied for April 9, 1918, and issued May 26, 1925, to Albert L. Genter. It was duly assigned by Genter to the plaintiff...

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