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FASSETT v. DAHLSTROM

No. 21022-S.

32 F.Supp. 82 (1940)

FASSETT v. DAHLSTROM et al.

District Court, N. D. California, S. D.

March 18, 1940.

Attorney(s) appearing for the Case

James A. Walker and Elmer L. Machado, both of Salinas, Cal., for plaintiff.

Paul D. Flehr and John F. Swain, both of San Francisco, Cal., for defendants.

ST. SURE, District Judge.

Plaintiff sues for infringement of patent number 2,016,670 issued to him October 8, 1935, for a milk sampling device. He alleges that defendants are selling a device known as the Dahlstrom Sampler (patent pending), embodying the invention set forth in patent number 2,016,670. Defendants deny infringement, and pleading the prior art, raise the issue of invalidity. Motion for summary judgment upon the ground of noninfringement was filed under...

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