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PARKER RUST-PROOF CO. v. WESTERN UNION TEL. CO.

No. 169.

105 F.2d 976 (1939)

PARKER RUST-PROOF CO. et al. v. WESTERN UNION TELEGRAPH CO. et al.

Circuit Court of Appeals, Second Circuit.

On Reargument July 20, 1939.

Attorney(s) appearing for the Case

Owen & Owen, of Toledo, Ohio, and Ward, Crosby & Neal, of New York City (Scott H. Lilly, of Toledo, Ohio, Joshua Ward, of New York City, and Wilber Owen, of Toledo, Ohio, of counsel), for appellants.

H. Monroe Humason and Sawyer, Kennedy, Humason & Hazell, all of New York City (Alfred M. Houghton and Lawrence E. Webster, both of Washington, D. C., of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is a bill in equity brought under R.S. § 4915, 35 U.S.C.A. § 63, to obtain a decree authorizing the commissioner of patents to issue a patent to Parker Rust-Proof Company, as assignee of an application filed by Robert R. Tanner on March 27, 1933. In the Patent Office an interference was declared between Tanner's application and two patents issued under date of January 31, 1933, to The Western Union

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