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LEHMAN CO. v. APPLETON TOY & FURNITURE CO.

No. 8653.

148 F.2d 988 (1945)

LEHMAN CO. OF AMERICA, Inc., v. APPLETON TOY & FURNITURE CO.

Circuit Court of Appeals, Seventh Circuit.

April 11, 1945.

Attorney(s) appearing for the Case

Henry Blech and Herman Herson, both of Chicago, Ill., and Robert A. Hess, of Milwaukee, Wis., for appellant.

Franklin M. Warden, of Chicago, Ill., and Ira Milton Jones, of Milwaukee, Wis., for appellee.

Before EVANS and SPARKS, Circuit Judges, and BRIGGLE, District Judge.

SPARKS, Circuit Judge.

This appeal is taken from the District Court's order of May 22, 1944, denying defendant's petition to modify the final decree entered in this cause on August 4, 1942.

In the original action plaintiff had charged defendant with infringement of claim 3 of plaintiff's United States Patent No. 1,724,569, issued August 13, 1929. By interlocutory decree of October 13, 1941, the court decreed the claim...

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