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LEHMAN CO. OF AMERICA v. KROLL BROS. CO.

No. 8231.

139 F.2d 391 (1944)

LEHMAN CO. OF AMERICA, Inc., v. KROLL BROS. CO.

Circuit Court of Appeals, Seventh Circuit.

January 5, 1944.

Attorney(s) appearing for the Case

Raymond L. Greist and F. Allan Minne, both of Chicago, Ill., for appellant.

Clarence E. Threedy, of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Appellant charged appellee with the infringement of claim 31 of United States patent No. 1,724,569 to Elliott. The patent was issued August 13, 1929, on an application filed November 18, 1927, and afterwards assigned to appellant. The defenses were invalidity and non-infringement. The District Court held the claim invalid and did not pass upon the question of infringement. From that decree this appeal is prosecuted...

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