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FREEMAN v. ALTVATER

No. 12241.

138 F.2d 854 (1943)

FREEMAN et al. v. ALTVATER et al.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1943.

Attorney(s) appearing for the Case

Marsten Allen and Allen & Allen, all of Cincinnati, Ohio, for appellants.

Edmund C. Rogers, Lawrence C. Kingsland and Kingsland, Rogers & Ezell, all of St. Louis, Mo., for appellees.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

GARDNER, Circuit Judge.

Appellants commenced this suit in equity for the specific performance of a license agreement under reissue patent No. 20,202, issued to Benjamin W. Freeman December 8, 1936, upon an application filed October 30, 1936, for a cut-out machine for shoe uppers. It was alleged that the reissue patent was substituted under the agreement for the original patent No. 1,681,033, and an injunction and an accounting were asked. Appellees denied generally...

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