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McEUEN v. KELLEY-KOETT MFG. CO.

No. 4131.

34 F.Supp. 351 (1940)

McEUEN v. KELLEY-KOETT MFG. CO.

District Court, E. D. Kentucky.

August 6, 1940.

Attorney(s) appearing for the Case

Cushman, Darby & Cushman, of Washington, D. C., and Allen & Allen, of Cincinnati, Ohio, for plaintiff.

Murray, Sackhoff & Paddack, of Cincinnati, Ohio, for defendant company.

SWINFORD, District Judge.

This is an action to recover for an infringement of patent No. 2,040,441 issued to the plaintiff, Dr. H. B. McEuen, upon his application filed on February 15, 1930.

The invention is a type of X-ray machine used for treatment of deep seated growths and cancers. The treatment is medically termed "deep therapy" as distinguished from skin treatment.

The plaintiff prays that:

1. A finding of infringement and validity of...

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