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TRIUMPH EXPLOSIVES v. KILGORE MFG. CO.

No. 4814.

128 F.2d 444 (1942)

TRIUMPH EXPLOSIVES, Inc., et al. v. KILGORE MFG. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

May 19, 1942.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (Joseph Brennan, 2d, of Baltimore, Md., H. A. Toulmin and Rowan A. Greer, both of Dayton, Ohio, Brown & Brune, of Baltimore, Md., and Toulmin & Toulmin, of Dayton, Ohio, on the brief), for appellees and cross-appellants.

Harold F. Watson, of Washington, D. C. (Watson, Cole, Grindle & Watson, of Washington, D. C., on the brief), for appellants and cross-appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit for infringement of patents issued to Driggs and Faber relates to claims 1 and 2 of patent No. 1,712,382, and claims 2 and 7 of patent 1,712,383, which patents were issued May 7, 1929, on applications filed March 20, 1928, and to claims 1 to 4, 9 to 12 and 18 to 23 of patent No. 1,947,834 issued February 20, 1934 on an application filed September 19, 1931. These patents are called herein the first, second and third patent respectively...

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