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REINHARTS, INC. v. CATERPILLAR TRACTOR CO.

No. 8798.

99 F.2d 648 (1938)

REINHARTS, Inc., v. CATERPILLAR TRACTOR CO.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1938.

Attorney(s) appearing for the Case

Geo. L. Wilkinson and Chas. L. Byron, both of Chicago, Ill., and Percy S. Webster, of Stockton, Cal., for appellant.

Chas. M. Fryer and Alfred C. Aurich, both of San Francisco, Cal., for appellee.

Before WILBUR and DENMAN, Circuit Judges, and ST. SURE, District Judge.

ST. SURE, District Judge.

This is an equity case in which a final decree adjudged appellant had infringed a patent for a part of the mechanism of caterpillar tractors by the sale of two infringing tractors. 9 Cir., 85 F.2d 628. It awarded no damages, but decreed costs against appellant. This appeal is from the allowance of the costs, upon a statement of the evidence under Equity Rule 75, 28 U.S.C.A. following section 723 and an order...

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