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SIMPLEX PAPER BOX CORPORATION v. ROSENTHAL PAPER CO.

No. 11443.

104 F.2d 349 (1939)

SIMPLEX PAPER BOX CORPORATION et al. v. ROSENTHAL PAPER CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 26, 1939.

Attorney(s) appearing for the Case

Louis Prevost Whitaker, of New York City (Delos G. Haynes, of St. Louis, Mo., on the brief), for appellants.

James A. Carr, of St. Louis, Mo. (Joseph J. Gravely and William T. Brooking, Jr., both of St. Louis, Mo., on the brief), for appellee.

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

THOMAS, Circuit Judge.

This is a patent infringement suit brought by the Simplex Paper Box Corporation, owner of the patents in suit, and Gereke-Allen Carton Company, a licensee, against Rosenthal Paper Company.

The three patents, and the claims of each involved, were issued to Ralph A. Gross and are as follows: No. 1,690,109, application filed November 4, 1926, granted November 6, 1928, for a collapsible paper box — claims 1, 2, 3, 4, 6, 7, 9, 10 and...

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