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SOUTHERN PHOSPHATE CORP. v. PHOSPHATE RECOVERY CORP.

No. 6552.

102 F.2d 801 (1939)

SOUTHERN PHOSPHATE CORPORATION v. PHOSPHATE RECOVERY CORPORATION.

Circuit Court of Appeals, Third Circuit.

February 14, 1939.

Attorney(s) appearing for the Case

William H. Davis and John F. Neary, both of New York City, and E. Ennalls Berl, of Wilmington, Del., for appellant.

Hugh M. Morris, of Wilmington, Del. (Robert H. Richards, of Wilmington, Del., and Henry D. Williams and Howard M. Morse, both of New York City, of counsel), for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the plaintiff, assignee of patent No. 1,467,354, granted September 11, 1923, to Niels C. Christensen, for "Process of Concentrating Oxidized Ores and Minerals", brought suit against defendant charging infringement by reason of defendant's practice of the process disclosed in the Chapman-Littleford patent.

The two patents, viz., Christensen's and Chapman-Littleford's, were considered by the court below in our No...

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