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R. J. FUNKHOUSER & CO. v. FISKE & CO.

No. 6880.

106 F.2d 679 (1939)

R. J. FUNKHOUSER & CO., Inc., et al. v. FISKE & CO., Inc., et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied July 28, 1939.

Attorney(s) appearing for the Case

David P. Wolhaupter, of Washington, D. C., for appellants

Robert Cushman and Richard F. Walker, both of Boston, Mass., for appellees.

Before DAVIS, BIGGS, and MARIS, Circuit Judges.

DAVIS, Circuit Judge.

As owners of the Atkinson patent No. 1,792,058, issued on February 10, 1931, which relates to a "method of making colored granules and the article made thereby", the plaintiffs filed suit in the District Court against the defendants-appellants for infringement thereof. The defendants contested both the validity of the patent and the charge of infringement, but the learned District Judge held claims 8 and 9 of the patent to be valid and infringed...

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