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KELLOGG SWITCHBOARD & S. CO. v. MICHIGAN BELL TEL. CO.

No. 7467.

99 F.2d 203 (1938)

KELLOGG SWITCHBOARD & SUPPLY CO. v. MICHIGAN BELL TELEPHONE CO. et al.

Circuit Court of Appeals, Sixth Circuit.

October 10, 1938.

Attorney(s) appearing for the Case

Floyd Williams, of Cincinnati, Ohio, and Curtis B. Camp, of Chicago, Ill. (Curtis B. Camp, of Chicago, Ill., and John Weld Peck and John Colville Taylor, both of Cincinnati, Ohio, on the brief), for appellant.

Merrell E. Clark, of New York City (Merrell E. Clark, William R. Ballard, and M. R. McKenney, all of New York City, and Frost & Jacobs, of Cincinnati, Ohio, on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

In the present infringement suit involving patent to Currier, No. 1,438,170, granted December 12, 1922, upon an application filed September 19, 1914, for a "Telephone System with Flickering Recall," the District Court, while intimating that if the claims in suit were valid they would have to be so narrowly construed as to avoid the infringement charged, based its decree of dismissal solely on their invalidity...

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