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PATENT ROYALTIES CORP. v. LAND O'LAKES CREAMERIES

No. 336.

89 F.2d 624 (1937)

PATENT ROYALTIES CORPORATION et al. v. LAND O'LAKES CREAMERIES, Inc., et al.

Circuit Court of Appeals, Second Circuit.

April 12, 1937.

Attorney(s) appearing for the Case

Stephen H. Philbin and Stephen J. Cox, both of New York City, for appellants.

William F. Hall, of Washington, D. C., and Robert S. Blair, of New York City (Ellis Spear, Jr., and Geo. B. Rawlings, both of Boston, Mass., of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree for the defendant in the usual suit in equity upon patent No. 1,429,207. In the court below the claims in suit were Nos. 1, 3, 4, 8, 9 and 10, but claim 10 has been abandoned on appeal. The patent was before Judge Augustus N. Hand in Holed-Tite Packing, Inc., v. Mapes (D.C.) 11 F.2d 787, when he held it valid and infringed; the defendant did not appeal. In the case at bar the...

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