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M. H. DETRICK CO. v. CHICAGO FIRE BRICK CO.

No. 6287.

95 F.2d 455 (1938)

M. H. DETRICK CO. v. CHICAGO FIRE BRICK CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 21, 1938.

Attorney(s) appearing for the Case

Franklin M. Warden and William F. Waugh, both of Chicago, Ill., for appellant.

Max W. Zabel, of Chicago, Ill., for appellee.

Before SPARKS, Circuit Judge, and LINDLEY and BALTZELL, District Judges.

SPARKS, Circuit Judge.

By this action appellant sought injunctive relief and an accounting for damages arising from an alleged infringement of United States patent to Foltz, No. 1,747,822. The patent was issued February 18, 1930, on an application filed January 7, 1924, and was subsequently assigned to appellant. The defenses were invalidity and non-infringement. The court found each of the claims sued upon invalid, and dismissed the bill for lack of invention. From...

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