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MID-CONTINENT INV. CO. v. MERCOID CORPORATION

Nos. 8008, 8009.

133 F.2d 803 (1942)

MID-CONTINENT INV. CO. et al. v. MERCOID CORPORATION (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 27, 1943.

Attorney(s) appearing for the Case

Richard Spencer, Richard L. Johnston, Wm. P. Bair, Will Freeman, Lloyd C. Root, and Spencer, Marzael, Johnston & Cook, all of Chicago, Ill., for appellants.

Langdon Moore, of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

The original plaintiff, Mid-Continent Investment Company (hereafter referred to as Mid-Continent) charged the Mercoid Corporation (hereafter referred to as Mercoid), with contributory infringement of United States Combination Patent No. 1,758,146 to Cross. The patent was issued May 13, 1930, on an application filed November 11, 1926. On June 2, 1932, it was assigned to Mid-Continent, subject, however,

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