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MARCHUS v. DRUGE

No. 10041.

136 F.2d 602 (1943)

MARCHUS v. DRUGE et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 16, 1943.

Attorney(s) appearing for the Case

Chas. E. Townsend, of San Francisco, Cal., for appellant.

Boyken, Mohler & Beckley and A. W. Boyken, all of San Francisco, Cal., and Raymond Salisbury, of Oakland, Cal., for appellees.

Before MATHEWS, HANEY and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Marchus appeals from a judgment of the District Court in a suit brought under the Federal Declaratory Judgment Act (28 U.S.C.A. § 400), in which a counterclaim for infringement by plaintiffs of certain patents was filed.

Plaintiffs, Otto and Dan Druge, in 1927 operated a gasoline station in Oakland, California. At that time they agreed to test a combined tire gauge and filling valve designed by Amos Marchus. The Druges became...

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