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PEVELY DAIRY CO. v. BORDEN PRINTING CO.

No. 9744.

123 F.2d 17 (1941)

PEVELY DAIRY CO. v. BORDEN PRINTING CO.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1941.

Attorney(s) appearing for the Case

A. W. Boyken and Boyken, Mohler & Gordon, all of San Francisco, Cal., and Lawrence C. Kingsland, Edmund C. Rogers, and Kingsland, Rogers & Ezell, all of St. Louis, Mo., for appellant.

Hackley & Hursh, Roy C. Hackley, Jr., and Jack E. Hursh, all of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.

MATHEWS, Circuit Judge.

This was an action by appellant, Pevely Dairy Company, against appellee, Borden Printing Company, for infringement of claims 4, 7, 8 and 11 of patent No. 1,829,915, the one claim of patent No. 1,923,856 and claim 3 of patent No. 1,999,011. Defenses were that the claims were invalid, and that, if valid, they were not infringed. The District Court held the claims invalid and dismissed the action on that ground. From the judgment of dismissal...

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