SHALER CO. v. RITE-WAY PRODUCTS

Nos. 7894, 7895.

107 F.2d 82 (1939)

SHALER CO. v. RITE-WAY PRODUCTS, Inc., et al. RITE-WAY PRODUCTS, Inc., et al. v. SHALER CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1939.


Attorney(s) appearing for the Case

S. L. Wheeler, of Milwaukee, Wis. (Henry J. Livingston, and John W. Farley, both of Memphis, Tenn., and S. L. Wheeler, Leverett C. Wheeler, and Warren G. Wheeler, all of Milwaukee, Wis., on the brief), for Shaler Co.

Frank E. Liverance, Jr., of Grand Rapids, Mich., and John B. Snowden, II, of Memphis, Tenn., for Rite-Way Products, Inc., and others.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.


SIMONS, Circuit Judge.

By bill in equity the appellant charged appellees with patent infringement, infringement of registered trade-mark and unfair competition. From a decree adjudicating the patent invalid and denying injunctive relief for trade-mark infringement, it appealed. An adjudication of unfair competition and its restraint is the subject matter of the cross-appeal.

The patent in suit is Hanson No. 1,970,698, filed October 14, 1932, for a portable...

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