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CARBO-FROST, INC. v. PURE CARBONIC

Nos. 11134, 11135.

103 F.2d 210 (1939)

CARBO-FROST, Inc., v. PURE CARBONIC, Inc., et al. PURE CARBONIC, Inc., et al. v. CARBO-FROST, Inc.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 29, 1939.

Attorney(s) appearing for the Case

Paul R. Stinson, of Kansas City, Mo. (I. P. Ryland, Arthur Mag, Roy B. Thomson, and Lawrence R. Brown, all of Kansas City, Mo., on the brief), for Carbo-Frost, Inc.

Samuel W. Sawyer and John H. Lathrop, both of Kansas City, Mo. (Ernest H. Merchant, of New York City, and Winston H. Woodson and R. Arch Smith, both of Kansas City, Mo., on the brief), for Pure Carbonic, Inc., and others.

Before STONE, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

Carbo-Frost, Inc., is the exclusive licensee of patent to H. B. Rudd #1,785,326 covering "method of and apparatus for utilizing phase-changeable material" and of various applications for patents related thereto — the apparatus covered thereby is called a "liquefier". This patent and these applications had been acquired by Rudd Patents Corporation. March 3, 1932, Carbo-Frost, Rudd Patents Corporation and Rudd executed an exclusive license...

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