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RAY-O-VAC CO. v. GOODYEAR TIRE & RUBBER CO.

No. 8118.

136 F.2d 159 (1943)

RAY-O-VAC CO. v. GOODYEAR TIRE & RUBBER CO., Inc. (GENERAL DRY BATTERIES, Inc., Intervenor).

Circuit Court of Appeals, Seventh Circuit.

June 5, 1943.

Attorney(s) appearing for the Case

Wm. E. Chilton and Albert R. Golrick, both of Cleveland, Ohio (Fay, Golrick, Williams, Chilton & Isler, of Cleveland, Ohio, of counsel), for appellants.

Bernard A. Schroeder and Russell Wiles, both of Chicago, Ill. (Chritton, Wiles, Davies, Hirschl, Schroeder & Merriam, of Chicago, Ill., of counsel), for appellee.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

EVANS, Circuit Judge.

This appeal involves the validity and infringement of a patent to Anthony (assignor of plaintiff) issued April 23, 1940, No. 2,198,423, and covering a "Leakproof Dry Cell." The court found for the plaintiff on both issues, validity and infringement. From an injunctional decree, which also ordered an accounting, defendant prosecutes this appeal and renews the arguments made by it in the District Court in the hopeful belief that we will not agree...

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