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LEVER BROS. CO. v. PROCTER & GAMBLE MFG. CO.

No. 5151.

139 F.2d 633 (1943)

LEVER BROS. CO. v. PROCTER & GAMBLE MFG. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

December 28, 1943.

Attorney(s) appearing for the Case

William D. Mitchell, of New York City (Edgar Allan Poe, of Baltimore, Md., William H. Davis and Worthington Campbell, both of New York City, Walter J. Blenko, of Pittsburgh, Pa., John Hoxie and Eben M. Graves, both of New York City, and Floyd S. Davis, of Cambridge, Mass., on the brief), for appellant.

Marston Allen, of Cincinnati, Ohio (Drury W. Cooper, of New York City, Frank B. Ober, of Baltimore, Md., Erastus S. Allen, of Cincinnati, Ohio, Francis G. Cole, of Washington, D. C., and David Fox and Louis Quarles, both of Milwaukee, Wis., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Lever Brothers Company (hereinafter called Lever) brought a civil action for patent infringement against the Procter and Gamble Manufacturing Company and the Procter and Gamble Distributing Company (both hereinafter called Procter) in the United States District Court for the District of Maryland. The patent in suit is United States Patent No. 2,215,539 (hereinafter called the Bodman patent), issued to John Bodman on September 24, 1940. Application...

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