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BAND-IT v. McANENY

No. 2494.

131 F.2d 766 (1942)

BAND-IT CO. et al. v. McANENY.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 28, 1942.

Attorney(s) appearing for the Case

Carle Whitehead, of Denver, Colo. (Alter & Upton, Albert L. Vogl, and Frank A. Wachob, all of Denver, Colo., on the brief), for appellants.

W. A. McGrew and Max D. Melville, both of Denver, Colo., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Michael J. McAneny, Jr., brought this suit against Band-It Company and Dental Specialty Company1 for alleged infringement of claims 1 and 2 of the Campbell Patent, No. 2208114, issued July 16, 1940. From a decree holding the claims in suit valid and infringed, granting injunctive relief, and ordering a reference to ascertain profits and damages, the defendants have appealed.

The defendants admit the validity...

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