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McROSKEY v. BRAUN MATTRESS CO.

No. 8971.

107 F.2d 143 (1939)

McROSKEY v. BRAUN MATTRESS CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 8, 1939.

Attorney(s) appearing for the Case

A. W. Boyken and Carroll A. Gordon, both of San Francisco, Cal. (Boyken, Mohler & Gordon, and Mark Mohler, all of San Francisco, Cal., of counsel) for appellant.

Jesse H. Steinhart and John J. Goldberg, both of San Francisco, Cal., and Fred Gerlach, of Chicago, Ill., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

This was an action at law by appellant, Edward L. McRoskey, against appellee, Braun Mattress Company, to recover damages for alleged infringement of two patents (Nos. 1,931,202 and 1,977,856)1 owned by appellant. Appellee was alleged to have infringed both patents by using a machine alleged to have been purchased by it from Droll Patents Corporation, of Chicago, Illinois. Defenses were (1) that the patents are invalid...

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