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CELITE CORPORATION v. DICALITE CO.

No. 8310.

96 F.2d 242 (1938)

CELITE CORPORATION v. DICALITE CO.

Circuit Court of Appeals, Ninth Circuit.

April 18, 1938.

Attorney(s) appearing for the Case

Leonard S. Lyon, Richard F. Lyon, Irwin L. Fuller, and C. A. Miketta, all of Los Angeles, Cal. (Walter H. Borcherding, of New York City, of counsel), for appellant.

Swanwick, Donnelly & Proudfit, of Los Angeles, Cal. (Frederick Bachman and Theodore S. Kenyon, both of New York City, Charles E. Townsend, of San Francisco, Cal., and Charles E. Donnelly, of Los Angeles, Cal., of counsel), for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

On March 17, 1931, appellant brought suit in equity against appellee for infringement of letters patent No. 1,502,547 granted July 22, 1924, to R. Calvert, K. L. Dern, and G. A. Alles, for a process of preparing diatomaceous earth and for the product so prepared.

Appellee answered alleging that the appellant's patent is invalid because anticipated by prior United States and foreign patents, and...

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