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COHEN v. WESTERN AUTO SUPPLY CO.

No. 9726.

131 F.2d 109 (1942)

COHEN v. WESTERN AUTO SUPPLY CO.

Circuit Court of Appeals, Fifth Circuit.

October 21, 1942.

Attorney(s) appearing for the Case

M. E. Kilpatrick and Ernest P. Rogers, both of Atlanta, Ga., for appellant.

Carmack Waterhouse, of Chattanooga, Tenn., and Arthur H. Ewald, of Cincinnati, Ohio, for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Berry Cohen, as owner of patent No. 1,984,299, filed this suit against the Western Auto Supply Company charging that the defendant infringed claim 9 of said patent by selling bicycles equipped with stands manufactured under the Wald patent No. 2,020,904 and the Miller patent No. 2,049,218. The court below did not consider the validity of the Cohen patent, but held that it was not infringed by either of the other two.

Each of the patents...

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