PHILLIPS v. BAKER

No. 9721.

121 F.2d 752 (1941)

PHILLIPS et al. v. BAKER et al.

Circuit Court of Appeals, Ninth Circuit.

July 18, 1941.


Attorney(s) appearing for the Case

Theodore H. Lassagne, of San Francisco, Cal., for appellants.

Webster & Webster, Percy S. Webster, and Roger B. Webster, all of Stockton, Cal., for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


GARRECHT, Circuit Judge.

On September 8, 1939, plaintiffs-appellants filed in the United States District Court for the Northern District of California, Northern Division, a complaint alleging that appellees, defendants below, had infringed certain letters patent, of which appellants are trustees. Defendant Modern Precooling Company is a partnership, and defendant George Walter Baker is one of the copartners.

On September 11, 1939, defendants were engaged in...

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