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MODERN PRODUCTS SUPPLY CO. v. DRACHENBERG

No. 10021.

152 F.2d 203 (1945)

MODERN PRODUCTS SUPPLY CO. v. DRACHENBERG.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1945.

Attorney(s) appearing for the Case

W. P. Bair and Will Freeman, both of Chicago, Ill. (W. P. Bair and Will Freeman, both of Chicago, Ill., and Francis D. Hardesty, of Detroit, Mich., on the brief), for appellant.

Clarence B. Zewadski, of Detroit, Mich. (Clarence B. Zewadski and Howard H. Campbell, both of Detroit, Mich., on the brief), for appellee.

Before HICKS and ALLEN, Circuit Judges, and FORD, District Judge.

ALLEN, Circuit Judge.

This appeal arises out of a suit for infringement of Jenkins patent No. 1,953,714, of which the plaintiff1 is the assignee. The defendant counter-claimed and asserted that the plaintiff was infringing Drachenberg patent No. 2,273,093. The complaint was dismissed by the trial court on the ground that the Jenkins patent was not infringed, and the claims of the counterclaim were sustained, the Drachenberg patent being...

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