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MISHAWAKA RUBBER & WOOL. MFG. CO. v. PAINE & WILLIAMS CO.

Civ. A. No. 20636.

47 F.Supp. 545 (1942)

MISHAWAKA RUBBER & WOOLEN MFG. CO. v. PAINE & WILLIAMS CO.

District Court, N. D. Ohio, E. D.

August 29, 1942.

Attorney(s) appearing for the Case

Eugene M. Giles and Herbert L. Shepard, both of Chicago, Ill., and Wm. E. Chilton, of Cleveland, Ohio.

John F. Oberlin, and William R. Day, both of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

The case was heard on the pleadings, evidence, and briefs. The first question to be determined is whether patentability is a proper issue in this case. If it is, that issue should be determined first. While there is an apparent conflict of authority, it seems to this court after consideration of the cases that the conflict is only apparent. The case of Cleveland Trust Co. v. Berry, 6 Cir., 99 F.2d 517, 521...

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