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SUPER MOLD CORPORATION OF CALIFORNIA v. BACON

No. 9981.

130 F.2d 860 (1942)

SUPER MOLD CORPORATION OF CALIFORNIA v. BACON et al. BACON et al. v. SUPER MOLD CORPORATION OF CALIFORNIA.

Circuit Court of Appeals, Ninth Circuit.

September 12, 1942.

Attorney(s) appearing for the Case

Percy S. Webster and Roger B. Webster, both of Stockton, Cal., for appellant Super Mold Corporation.

George B. White and Jos. Wahrhaftig, both of San Francisco, Cal., for appellants Bacon et al.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

Complaint and cross-complaint for infringement of patents for tire retread devices. Relief was denied both parties, and both appeal.

Plaintiff, Super Mold Corporation of California, sued for infringement, of claims 1, 5, 6, 7 and 13 of Smith patent No. 1,662,035, issued March 6, 1928. This patent we held valid in Goodman v. Super Mold Corp., 9 Cir., 103 F.2d 474

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