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ST. JOSEPH IRON WORKS v. FARMERS MFG. CO.

No. 4478.

106 F.2d 294 (1939)

ST. JOSEPH IRON WORKS v. FARMERS MFG. CO.

Circuit Court of Appeals, Fourth Circuit.

August 28, 1939.

Attorney(s) appearing for the Case

Edwin T. Bean, of Buffalo, N. Y. (Richard W. Treverton, of Buffalo, N. Y., Humphrey S. Gray, of Benton Harbor, Mich., and John W. Oast, Jr., of Norfolk, Va., on the brief), for appellant.

H. H. Rumble, of Norfolk, Va. (Rumble & Rumble, of Norfolk, Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and WYCHE, District Judge.

PARKER, Circuit Judge.

This is a suit to recover royalties under a patent licensing contract. Plaintiff, St. Joseph Iron Works, is a manufacturer of basket making machinery. Defendant, Farmers Manufacturing Company, is a manufacturer of baskets used as containers for fruits and vegetables. Under a contract with plaintiff of November 20, 1935, defendant paid royalties amounting to $8,357.11 during the years 1926 to 1929 to the American Containers Corporation, affiliated...

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