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RUTH v. CLIMAX MOLYBDENUM CO.

Nos. 1550-1552.

93 F.2d 699 (1937)

RUTH v. CLIMAX MOLYBDENUM CO. SAME v. SHENANDOAH-DIVES MINING CO. SAME v. LONDON GOLD MINES CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 4, 1938.

Attorney(s) appearing for the Case

Louis E. Gelt, of Denver, Colo., for appellant.

Ivor O. Wingren, of Denver, Colo. (Barney L. Whatley, Walter E. Schwed, and Frank A. Wachob, all of Denver, Colo., on the brief), for appellees Climax Molybdenum Co., and Shenandoah-Dives Mining Co.

Forrest C. Northcutt, of Denver, Colo., for appellees London Gold Mines Co. and London Mill, Inc.

Before LEWIS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

These are three separate actions for alleged infringement of letters patent No. 1,277,750, issued to Jackson A. Pearce in 1918 and assigned to plaintiff. Claims 1, 3, and 5 are involved. The cases were consolidated for trial, but separate findings of fact and conclusions of law were made. The court found in each case that claims 1 and 3 were not infringed, and that claim 5 was invalid. The bills were dismissed and plaintiff appealed. Reference...

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