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MONTGOMERY WARD & CO. v. ROGERS

No. 4358.

100 F.2d 721 (1939)

MONTGOMERY WARD & CO., Inc., v. ROGERS et al.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

William Nevarre Cromwell, of Chicago, Ill. (Clifford Frazier, of Greensboro, N. C., on the brief), for appellant.

E. L. Gavin, of Sanford, N. C., and L. R. Varser, of Lumberton, N. C. (S. J. Bennett and A. A. McDonald, both of Durham, N. C., H. M. Jackson, of Sanford, N. C., and W. H. Yarborough and Hill Yarborough, both of Louisburg, N. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and WAY, District Judge.

PARKER, Circuit Judge.

This is an appeal from a decree for plaintiff in a patent infringement suit. Rogers Patent No. 1,457,188, covering a "Multiple Hole Top for Burner Stoves", is the patent involved; and it was held by the court below to be valid and to have been infringed by stoves sold by the defendant.

The patent in suit is a combination patent covering an attachment for burner stoves using oil, gas or vapor fuel. The purpose of the attachment is to...

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