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FRUIT TREATING CORP. v. FOOD MACHINERY CORP.

No. 9459.

112 F.2d 119 (1940)

FRUIT TREATING CORPORATION et al. v. FOOD MACHINERY CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

May 27, 1940.

Attorney(s) appearing for the Case

John B. Sutton, G. L. Reeves, P. O. Knight, and C. F. Thompson, all of Tampa, Fla., and Albert M. Austin and Furman Rinehart, both of New York City, for appellants.

Leonard S. Lyon, of Los Angeles, Cal., O. K. Reaves and Morris E. White, both of Tampa, Fla., and Ed. R. Walton, Jr., of Washington, D. C., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

The appellee, as assignee of Harvey Patent No. 1,909,860, secured an injunction, and an accounting for damages resulting from infringement, against the several appellants. Appealing therefrom, appellants contend that the bill of complaint should have been dismissed because (1) the patent is not valid, and (2), if the patent is valid, there has been no infringement of it by appellants.

The patent was granted on May 16, 1933. It claimed...

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