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NATIONAL BATTERY CO. v. WESTERN MOLDED PRODUCTS

No. 10074.

132 F.2d 510 (1942)

NATIONAL BATTERY CO. et al. v. WESTERN MOLDED PRODUCTS, Inc.

Circuit Court of Appeals, Ninth Circuit.

December 31, 1942.

Attorney(s) appearing for the Case

Naylor & Lassagne and Jas M. Naylor, all of San Francisco, Cal. (Mitchell, Johnson & Ludwick, of Los Angeles, Cal., of counsel), for appellants.

Lyon & Lyon and R. E. Caughey, all of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge:

Appeal by plaintiffs after judgment in the District Court for defendant dismissing the action.

Appellant is the assignee of letters-patent upon the combination of a moulded battery container and a plaque trade-name plate. The housing for batteries formerly in common use in automobiles was an ordinary wooden box, and the battery manufacturer's name-plate was tacked or pasted upon it. This housing...

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