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CALLISON v. BOYLE

No. 1622.

95 F.2d 575 (1938)

CALLISON v. BOYLE et al.

Circuit Court of Appeals, Tenth Circuit.

March 21, 1938.

Attorney(s) appearing for the Case

A. A. Davidson, of Tulsa, Okl. (West & Davidson, of Tulsa, Okl., on the brief), for appellant.

W. L. Coffey, of Tulsa, Okl. (Coffey & Coffey, of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Callison brought this suit against Boyle and the Crown Drug Company for alleged infringement of claim 6 of patent No. 1,645,370, issued October 11, 1927. The trial court held the claim was not infringed by the defendants' device and entered its decree dismissing the bill. Callison has appealed.

Claim 6 reads as follows:

"In an amusement device having a propelling device for balls, a target above the level of the propelling...

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