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WESTERN AUTO SUPPLY CO. v. AMERICAN-NATIONAL CO.

No. 8176.

114 F.2d 711 (1940)

WESTERN AUTO SUPPLY CO. v. AMERICAN-NATIONAL CO.

Circuit Court of Appeals, Sixth Circuit.

September 16, 1940.

Attorney(s) appearing for the Case

Arthur L. Morsell, Jr., of Milwaukee, Wis. (Curtis B. Morsell and Arthur L. Morsell, Jr., both of Milwaukee, Wis., and Wm. O. Ballard, of Toledo, Ohio, on the brief), for appellant.

Charles W. Owen, of Toledo, Ohio (Charles W. Owen and Owen & Owen, all of Toledo, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

Appellant is accused of selling wagons that infringe appellee's United States Design Letters Patent No. 97,206 for a coaster wagon, granted October 15, 1935, upon the application of John G. Rideout. The District Court adjudged the patent valid and infringed and ordered an accounting. This appeal challenges the correctness of these holdings.

No claim is made that appellee's patent extends to any part of a wagon other than

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