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CLEVELAND TRUST CO. v. BERRY

No. 7320.

99 F.2d 517 (1938)

CLEVELAND TRUST CO. v. BERRY et al.

Circuit Court of Appeals, Sixth Circuit.

October 12, 1938.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (F. O. Richey, H. F. McNenny, and Richey & Watts, all of Cleveland, Ohio, on the brief), for appellant.

G. B. Schley, of Indianapolis, Ind. (Carlos J. Jolly, Bruce G. Booth, and Ralph N. Flint, all of Detroit, Mich., Geo. B. Schley and Verne A. Trask, both of Indianapolis, Ind., and Melville Church, of Washington, D. C., on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from a decree dismissing appellant's bill instituted under Title 35, § 63, U.S.C., 35 U.S.C.A. § 63,1 praying that appellant be adjudged entitled to a patent. Appellant is assignee of the application of Frank Jardine, filed July 31, 1925, for a patent on a piston used in an internal combustion engine. The application was thrown into interference with several others, of which only those...

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