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WHITE v. GAGE

No. 9898.

128 F.2d 500 (1942)

WHITE v. GAGE et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1942.

Attorney(s) appearing for the Case

John M. Spellman, of Dallas, Tex., for appellant.

David P. Wolhaupter and Emory L. Groff, both of Washington, D. C., and John Butera, of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Joseph A. Gage and Ben H. Johnson were issued Letters Patent No. 1,654,871 for a "Machine for Putting Up Tamales". The patent was issued January 3, 1928, on an application filed February 3, 1925. On March 11, 1940, Gage and Johnson filed suit against Felix L. White trading under the name of Champion Chili Company, charging infringement of Claims 2 and 3 of their patent and seeking damages, an accounting, and an injunction. A trial was had, and...

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