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EVANS v. TEXTILE DYEING & PRINTING CO. OF AMERICA

No. 6165.

96 F.2d 639 (1938)

EVANS et al. v. TEXTILE DYEING & PRINTING CO. OF AMERICA.

Circuit Court of Appeals, Third Circuit.

April 20, 1938.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., and E. W. Marshall and Wm. S. Pritchard, both of New York City, for appellants.

Louis Burgess, of New York City (John F. Neary, of New York City, of counsel), for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a decree of the District Court for the District of New Jersey, dismissing a bill of complaint. The suit was for an injunction and accounting based on an alleged infringement of United States patent No. 1,579,628 issued to Olav Berg and Max Imhoff on April 6, 1926. During the course of the proceedings, both patentees died. The executors of Olav Berg were substituted as parties plaintiff and together with the licensee...

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