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FRICK-GALLAGHER MFG. CO. v. ROTRAY CORPORATION

No. 7713.

122 F.2d 81 (1941)

FRICK-GALLAGHER MFG. CO. v. ROTRAY CORPORATION et al.

United States Court of Appeals for the District of Columbia.

August 4, 1941.

Attorney(s) appearing for the Case

Roberts B. Larson, of Washington, D. C., and Robert Starr Allyn, of New York City, for appellant.

David P. Wolhaupter and Emory L. Groff, both of Washington, D. C., for appellees.

Before GRONER, Chief justice, and EDGERTON and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The suit is for infringement of a patent, of a registered trademark, and for unfair competition, including infringement of a common law trademark. The plaintiff appeals from the trial court's decree for the defendant on all counts. We think the decree should be affirmed.

I. Plaintiff owns, and alleges defendants have infringed, the Frick patent, No. 2,081,856.1

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