KARL KIEFER MACH. CO. v. U. S. BOTTLERS MACHINERY CO.

No. 6985.

108 F.2d 469 (1939)

KARL KIEFER MACH. CO. v. U. S. BOTTLERS MACHINERY CO.

Circuit Court of Appeals, Seventh Circuit.

December 18, 1939.


Attorney(s) appearing for the Case

Clarence E. Mehlhope, of Chicago, Ill., and Allen & Allen, of Cincinnati, Ohio (Gibson Yungblut and Theodore Greve, both of Cincinnati, Ohio, of counsel), for appellant.

Langdon Moore, of Chicago, Ill., for appellee.

Before EVANS, TREANOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

This was a complaint charging appellee with the infringement of two separate and distinct patents by two separate and distinct acts of infringement, and praying for an injunction and accounting.

Prior to filing an answer, appellee moved to dismiss the bill on the ground of failure to state a claim upon which relief could be granted. After due consideration the District Court, on March 1, 1939, 27 F.Supp. 300

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