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PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

No. 9345.

135 F.2d 580 (1943)

PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1943.

Attorney(s) appearing for the Case

Rowan A. Greer, of Dayton, Ohio (Toulmin & Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer, all of Dayton, Ohio, on the brief), for appellant.

Albert L. Ely, of Cleveland, Ohio (Albert L. Ely, of Cleveland, Ohio, John M. Cole, of Springfield, Ohio, Ely & Fry, of Cleveland, Ohio, and Cole & Hodge, of Springfield, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

ALLEN, Circuit Judge.

Appellant brought an action praying for a declaratory judgment holding Stover patent 1,911,249 for an apparatus for hatching eggs, and Stover patent 1,911,250, for a process for the incubation and hatching of eggs, both owned by appellee, invalid and not infringed, and an injunction against alleged acts of unfair competition practiced by the appellee. The answer denied the charge of unfair competition and asserted validity of the patents and...

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