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LACKNER CO. v. QUEHL SIGN CO.

No. 9657.

145 F.2d 932 (1944)

LACKNER CO., Inc., et al. v. QUEHL SIGN CO.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1944.

Attorney(s) appearing for the Case

Theodore Greve and Marston Allen, both of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, on the brief), for appellants.

Frank Zugelter, of Cincinnati, Ohio (Zugelter & Zugelter, all of Cincinnati, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.

ALLEN, Circuit Judge.

This appeal involves the right of a defendant in a patent infringement suit who has filed a counterclaim attacking the validity of the patent, to have that question determined after the plaintiffs have moved to dismiss the suit with prejudice and have offered to grant the defendant a free license.

The bill of complaint charged the infringement of Fensom and Green Patent 1,850,319, granted to...

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