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NATIONAL BISCUIT CO. v. CROWN BAKING CO.

No. 3442.

105 F.2d 422 (1939)

NATIONAL BISCUIT CO. v. CROWN BAKING CO., Inc., et al.

Circuit Court of Appeals, First Circuit.

June 30, 1939.

Attorney(s) appearing for the Case

Thomas J. Byrne, of New York City (Clifford H. Byrnes, of Boston, Mass., and Drury W. Cooper, of New York City, on the brief), for appellant.

William Gates, Jr., of Boston, Mass. (Roberts, Cushman & Woodberry, of Boston, Mass., on the brief), for appellees.

Before WILSON, Circuit Judge, PETERS and SWEENEY, District Judges.

WILSON, Circuit Judge.

This suit was brought for infringement of letters patent No. 1,551,998, granted to Walter McLaren September 1, 1925, for an automatic cup pastry making machine for the manufacture of ice cream cones, and is before this court on appeal by the plaintiff from so much of the decree of the District Court of Massachusetts as held invalid a part of the claims in issue. 25 F.Supp. 619.

The plaintiff is a...

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