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NATIONAL ELECTRIC SIGNAL CO. v. CITY OF WACO, TEX.

No. 8262.

90 F.2d 497 (1937)

NATIONAL ELECTRIC SIGNAL CO. v. CITY OF WACO, TEX.

Circuit Court of Appeals, Fifth Circuit.

June 11, 1937.

Attorney(s) appearing for the Case

Jesse R. Stone and Lester B. Clark, both of Houston, Tex., for appellant.

S. J. Brooks, of San Antonio, Tex., and Henry R. Ashton, of New York City, for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellant, National Electric Signal Company, as owner of three United States patents, issued to Henry Garrett, to wit, No. 1,625,990, issued April 26, 1927; No. 1,728,602, issued September 17, 1929; and No. 1,743,965, issued January 14, 1930, brought this suit against the City of Waco, Tex., alleging infringement. The bill prayed for interlocutory and final injunctions and an accounting. Before trial the bill was dismissed as to the two patents...

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