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WHEATLEY v. REX-HIDE, INC.

No. 6781.

102 F.2d 940 (1939)

WHEATLEY v. REX-HIDE, Inc.

Circuit Court of Appeals, Seventh Circuit.

March 15, 1939.

Attorney(s) appearing for the Case

Franklin D. Trueblood and Craig R. Johnson, both of Chicago, Ill., for appellant.

Frank Parker Davis, of Chicago, Ill., and Robert M. Pierson, of Akron, Ohio, for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Appellant charged appellee with infringement of his United States patent number 1,621,388. It was issued March 15, 1927, on an application filed December 3, 1923. The defenses were invalidity, non-infringement and estoppel. The court held that the patent was invalid, but that if it were valid it was infringed by appellee's device. The court further held that appellant was estopped from enforcing the patent against appellee. The complaint was...

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