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SIMMONS CO. v. SUPERIOR FELT & BEDDING CO.

No. 6886.

107 F.2d 536 (1939)

SIMMONS CO. v. SUPERIOR FELT & BEDDING CO.

Circuit Court of Appeals, Seventh Circuit.

November 18, 1939.

Attorney(s) appearing for the Case

George I. Haight, Cyril A. Soans, and William E. Anderson, all of Chicago, Ill., for plaintiff-appellant.

C. Paul Parker, Alwin F. Pitzner, and Lincoln B. Smith, all of Chicago, Ill., for defendant-appellee.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

Appellant charged appellee with infringement of United States Patents to Gail, Nos. 1,677,232 and 1,915,659, which had been assigned to appellant. The former patent was issued July 17, 1928, on an application filed October 3, 1927, and the latter was issued June 27, 1933, on an application filed February 15, 1930. The defenses were invalidity and non-infringement. The District Court held that the first patent was valid but not infringed. It...

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