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KROGER GROCERY & BAKING CO. v. FIRST NAT. STORES

Civil Action No. 563.

37 F.Supp. 553 (1941)

KROGER GROCERY & BAKING CO. v. FIRST NAT. STORES, Inc., et al.

District Court, D. Massachusetts.

As Amended April 4, 1941.

Attorney(s) appearing for the Case

Herbert W. Kenway (of Kenway & Witter), of Boston, Mass., and A. Yates Dowell, of Washington, D. C., for plaintiff.

Daniel J. Lyne and Lyne, Woodworth & Evarts, all of Boston, Mass., for defendant First Nat. Stores.

Herbert A. Baker, of Boston, Mass., for defendants.

SWEENEY, District Judge.

In this action the plaintiff seeks an accounting of the defendants' profits growing out of an alleged infringement of the plaintiff's patent No. 1,924,963, and an injunction against further infringement of it. The defendants assert that the patent is void for want of invention, but that, if valid, its claims are so limited by the prior art that the defendants' device does not infringe it. The claims in suit are claims 3 and 4. Claims 2 and...

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