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S. S. KRESGE CO. v. DAVIES

Nos. 11642, 11643.

112 F.2d 708 (1940)

S. S. KRESGE CO. v. DAVIES. F. W. WOOLWORTH CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 25, 1940.

Attorney(s) appearing for the Case

Kenneth S. Neal, of New York City (Page S. Haselton, of New York City, and John H. Sutherland, of St. Louis, Mo., on the brief), for appellants.

Thomas E. Gillespie, of St. Louis, Mo. (Howard G. Cook and Walter R. Mayne, both of St. Louis, Mo., on the brief), for appellee.

Before GARDNER and SANBORN, Circuit Judges, and COLLET, District Judge.

GARDNER, Circuit Judge.

These are patent infringement suits brought by the appellee, James O. Davies, as plaintiff below, owner of Davies patent, No. 2,040,599, for a certain invention in "superfluous hair removers." The bills of complaint were substantially identical, each alleging infringement. The answers denied the validity of the patent and likewise denied infringement. The suits were consolidated for purpose of trial. The lower court held the patent to be valid...

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