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WARDEN v. CITY OF ST. LOUIS, MO.

No. 12727.

140 F.2d 615 (1944)

WARDEN v. CITY OF ST. LOUIS, MO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 7, 1944.

Attorney(s) appearing for the Case

Harold Olsen, of Chicago, Ill. (Orr, Pflager & Foulis, of St. Louis, Mo., on the brief), for appellant.

Lawrence C. Kingsland, of St. Louis, Mo. (Joseph F. Holland, James V. Frank, Edmund C. Rogers, and Kingsland, Rogers & Ezell, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

Henry I. Warden, the patentee of United States Letters Patent No. 1,955,569, which were applied for June 15, 1931, and issued April 17, 1934, sued the City of St. Louis for infringement of Claim 3 of the patent. The defenses were invalidity and noninfringement. The District Court found Claim 3 to be invalid, and entered a decree for the City, from which this appeal is taken. Warden asserts that the finding of the District Court that the claim...

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