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GARDNER v. BUXTON

Nos. 12825-12857.

150 F.2d 242 (1945)

GARDNER v. BUXTON, Inc. BUXTON, Inc., v. GARDNER (two cases).

Circuit Court of Appeals, Eighth Circuit.

June 28, 1945.

Attorney(s) appearing for the Case

John D. Rippey, of St. Louis, Mo., for Leah L. Gardner, individually and as representative of Prince A. Gardner.

Edmund C. Rogers, of St. Louis, Mo. (Robert P. Harvey, of Springfield, Mass., Chapin & Neal, of Springfield, Mass., and Kingsland, Rogers & Ezell, of St. Louis, Mo., on the brief), for Buxton, Inc.

Before GARDNER, WOODROUGH and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is one for infringement of a number of patents on improvements in key cases or containers, brought by Buxton, Incorporated, against Prince A. Gardner, Jr., and Leah L. Gardner, his wife. Gardner was the owner of the business which was doing the alleged infringing, but his wife was conducting the business under a general power of attorney, because of his incapacity. Following the decree in the trial court, Gardner was declared incompetent...

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