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HAMILTON LABORATORIES v. MASSENGILL

No. 8238.

111 F.2d 584 (1940)

HAMILTON LABORATORIES, Inc., v. MASSENGILL.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1940.

Attorney(s) appearing for the Case

W. B. Morton, of New York City (Green, Webb, Bass & McCampbell, of Knoxville, Tenn., and H. Stanley Mansfield, of New York City, on the brief), for appellant.

Clair V. Johnson and David A. Woodcock, both of New York City (Frank W. DeFriece, of Bristol, Tenn., and Watson, Bristol, Johnson & Leavenworth, of New York City, on the brief), for appellee.

Before SIMONS, HAMILTON, and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

The patent, the validity of which alone is in issue in the present infringement suit, is one to Lyle A. Weed, No. 2,014,676, granted September 17, 1935, upon an application filed November 19, 1934. It relates to germicides suitable for internal and external medication, and to methods of destroying, in the presence of living tissue, micro-organisms which are pathogenic to man or higher animals. Infringement of the claims in suit is conceded if...

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