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FERNANDEZ v. PHILLIPS

No. 10234.

136 F.2d 404 (1943)

FERNANDEZ v. PHILLIPS et al.

Circuit Court of Appeals, Ninth Circuit.

June 11, 1943.

Attorney(s) appearing for the Case

Stanley A. Jerman, E. R. Thurman, and Scott L. Norviel, all of Phoenix, Ariz., for appellant.

Naylor & Lassagne and Theodore H. Lassagne, all of San Francisco, Cal., for appellees.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

Appellees are co-owners, in trust, of Day reissue patent number 18,755. They brought this action in the District Court for infringement of claims 3, 4, 5 and 6 thereof, and the court, holding the patent valid and infringed, gave its interlocutory decree enjoining further infringement and ordering an accounting. On this appeal from that decree both validity and infringement of the patent are in issue.

The patent in suit is for a means...

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