DIXIE-VORTEX CO. v. PAPER CONTAINER MFG. CO.

No. 7972.

130 F.2d 569 (1942)

DIXIE-VORTEX CO. v. PAPER CONTAINER MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 16, 1942.


Attorney(s) appearing for the Case

Franklin M. Warden and F. Allan Minne, both of Chicago, Ill., for appellant.

Alexander C. Mabee and Samuel W. Kipnis, both of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


MAJOR, Circuit Judge.

This is an appeal from a judgment, entered March 14, 1942, in a suit for patent infringement. At one time or another, 14 patents were involved, 10 of which were withdrawn by the plaintiff prior to trial. The following patents and claims remained in issue and were adjudicated:

Barbieri No. 1,610,192 applied for February 28, 1923, issued December 7, 1926, Conical Paper Cup and Process for Making the Same, claims 1, 2, 3, 4 and 5;

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