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FOOD & FRUIT INDUSTRIES v. NATIONAL FRUIT PRODUCT CO.

No. 4395.

100 F.2d 885 (1939)

FOOD & FRUIT INDUSTRIES, Inc., v. NATIONAL FRUIT PRODUCT CO., Inc.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

Herbert J. Jacobi, of Washington, D. C. (Harry Kern, of Winchester, Va., on the brief), for appellant.

Clarence B. DesJardins, of Washington, D.C. (R. Gray Williams, of Winchester, Va., and Halbert P. Brown, of Washington, D.C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

Food & Fruit Industries, Inc., owner of United States patent No. 1,613,452, relating to a retort for treatment of fruits preparatory to canning, brought this suit for patent infringement. The District Court, finding no infringement, dismissed the bill. The patent was issued to Eugene G. Grab on January 4, 1927 upon an application filed December 19, 1925. The primary object of the invention was to provide an efficient device for carrying out...

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