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J. I. CASE CO. v. GLEANER HARVESTER CORPORATION

No. 12404.

135 F.2d 553 (1943)

J. I. CASE CO. v. GLEANER HARVESTER CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 4, 1943.

Attorney(s) appearing for the Case

Cyril A. Soans, of Chicago, Ill. (Oscar D. McCollum, of Kansas City, Mo., and Paul J. Glaister, of Chicago, Ill., on the brief), for appellant.

Arthur C. Brown and Paul R. Stinson, both of Kansas City, Mo. (Claude A. Fishburn and Ryland, Stinson, Mag & Thomson, all of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

JOHNSEN, Circuit Judge.

This is a patent infringement suit, in which the lower court held the patent valid and infringed and the defendant has appealed.

The patent is Pierson, No. 1,972,031, entitled "Straw Retarder", and relating, by its recitation, "to harvesting machines and more particularly to conveying mechanism for delivering cut grain to the threshing and separating elements of the machine, the principal objects of the invention being to retain the...

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