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DEAN RUBBER MFG. CO. v. KILLIAN

No. 11428.

106 F.2d 316 (1939)

DEAN RUBBER MFG. CO. et al. v. KILLIAN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 8, 1939.

Attorney(s) appearing for the Case

Arthur C. Brown, of Kansas City, Mo. (Arthur C. Brown, Jr., and Claude A. Fishburn, both of Kansas City, Mo., on the brief), for appellants.

F. O. Richey, of Cleveland, Ohio (B. D. Watts, of Cleveland, Ohio, Charles W. Gerard, of Kansas City, Mo., and Richey & Watts, of Cleveland, Ohio, on the brief), for appellee.

Before GARDNER and THOMAS, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

This is an appeal from the District Court for the Western District of Missouri in a patent infringement suit instituted by Frank B. Killian, Trustee, as owner of the patent, hereinafter called the plaintiff, against Dean Rubber Manufacturing Company and Wilbur J. Dean, hereinafter referred to as defendants.

On November 2, 1926, the patent in suit, No. 1,605,445, was issued to one Fred L. Killian, and by reason of certain assignments...

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