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VITAMIN TECHNOLOGISTS v. WISCONSIN ALUMNI RESEARCH F.

No. 10079.

146 F.2d 941 (1944)

VITAMIN TECHNOLOGISTS, Inc., v. WISCONSIN ALUMNI RESEARCH FOUNDATION. WISCONSIN ALUMNI RESEARCH FOUNDATION v. VITAMIN TECHNOLOGISTS, Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

On Petition for Rehearing and Motion to Remand January 24, 1945.

As Amended February 1, 1945.

Attorney(s) appearing for the Case

R. Welton Whann and Robert M. McManigal, both of Los Angeles, Cal., for Vitamin Technologists, Inc.

George I. Haight, Frank Parker Davis, and Ward Ross, all of Chicago, Ill. (Lewis W. Andrews, of Los Angeles, Cal., of counsel) for Wisconsin Alumni Research Foundation.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellee Wisconsin Alumni Research Foundation brought its complaint below alleging that appellant Vitamin Technologists, Inc., and H. F. B. Roessler, one of appellant's employees, were making an infringing use of a process of producing vitamin D by activating ergosterol and yeast, claimed to be organic substances of dietary value, with the ultra violet rays of the spectrum, produced by a mercury vapor lamp, a use of the rays claimed to be in...

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