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RASMUSSON v. NATIONAL POPSICLE CORPORATION

No. 8992.

111 F.2d 453 (1940)

RASMUSSON et al. v. NATIONAL POPSICLE CORPORATION et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 7, 1940.

Attorney(s) appearing for the Case

W. Glenn Harmon and J. Edward Johnson, both of San Francisco, Cal., for appellant.

William H. Mackay and William S. Graham, both of San Francisco, Cal. (Daniel G. Albert, of New York City, of counsel), for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an interlocutory decree of the District Court adjudging defendants-appellants guilty of infringement of three patents collectively owned by the plaintiffs-appellees.

The patents in suit are: (1) The Burt process patent No. 1,470,524, as to claims 1, 2 and 5; (2) the Epperson patent No. 1,505,592, as to claims 2 to 7, inclusive; and (3) the Burt product patent No. 1,718,997, as to claims 1, 3, 5, and 7. Of these...

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