H. H. ROBERTSON CO. v. KLAUER MFG. CO.

Nos. 11074, 11075.

98 F.2d 150 (1938)

H. H. ROBERTSON CO. v. KLAUER MFG. CO. KLAUER MFG. CO. v. H. H. ROBERTSON CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 11, 1938.


Attorney(s) appearing for the Case

William B. Kerkam, of Washington, D. C. (Gordon W. Daisley, of Washington, D. C., and Henry C. Kenline, of Dubuque, Iowa, on the brief), for H. H. Robertson Co.

Roberts B. Larson, of Washington, D. C. (Jennings Bailey, Jr., and Francis D. Stephens, both of Washington, D. C., on the brief), for Klauer Mfg. Co.

Before STONE, WOODROUGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

This is an action for infringement of Young and Gephart patent No. 1,589,581 (application, December 28, 1922; issue, June 22, 1926), covering a "ventilator", brought against the assignee of the patent. The trial court determined that the patent was valid but not infringed. From that portion of the decree determining noninfringement the plaintiff appeals. From those portions of the decree determining validity...

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