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MONCKMEIER v. ERIE MFG. CO.

Nos. 6593, 6594.

98 F.2d 369 (1938)

MONCKMEIER v. ERIE MFG. CO., Inc. ERIE MFG. CO., Inc., v. HARRISON WHOLESALE CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 9, 1938.

Attorney(s) appearing for the Case

F. Allan Minne and Raymond L. Greist, both of Chicago, Ill., for Monckmeier and others.

Albert F. Mecklinburger, Sidney Newman, and B. Gordon Aller, all of Chicago, Ill., for Erie Mfg. Co.

Before MAJOR and TREANOR, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

These are appeals by plaintiff in No. 6593 and by defendants in No. 6594. The former was a suit for declaratory judgment seeking to have Patent No. 2,083,742, issued June 15, 1937 to L. S. Poncher and J. B. Newman, afterwards assigned to Erie Manufacturing Company, declared invalid; while the latter was a suit for infringement of said letters patent. By stipulation, the cases were tried together and were conducted as though Erie Manufacturing...

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