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TROPIC-AIRE, INC. v. CULLEN-THOMPSON MOTOR CO.

No. 1905.

107 F.2d 671 (1939)

TROPIC-AIRE, Inc., v. CULLEN-THOMPSON MOTOR CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 19, 1939.

Attorney(s) appearing for the Case

Harold Olsen, of Chicago, Ill. (Morrison Shafroth, of Denver, Colo., on the brief), for appellant.

Drury W. Cooper, of New York City (John A. Blair and Harness, Dickey & Pierce, all of Detroit, Mich., and Frederick Sass, of Denver, Colo., on the brief) for appellee.

Before LEWIS, PHILLIPS, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from a decree of the United States District Court of Colorado, dismissing for want of equity appellant's bill of complaint, charging an alleged infringement of all claims except Claim 8 of Reissue Letters Patent No. 17,131, dated November 13, 1928, to Tropic-Aire, Inc., as assignee of Orville S. Caesar. The patent in suit is a reissue of Patent No. 1,668,490, granted May 1, 1928. The court held Reissue Patent No. 17,131 invalid...

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