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KUESTER v. HOFFMAN

No. 8846.

152 F.2d 318 (1945)

KUESTER et al. v. HOFFMAN et al. (HOFFMAN SPECIALTY CO., Inc., Intervener).

Circuit Court of Appeals, Seventh Circuit.

December 20, 1945.

Attorney(s) appearing for the Case

S. L. Wheeler, of Milwaukee, Wis., for appellants.

Nelson Littell, of New York City, and David A. Fox, of Milwaukee, Wis., for appellees.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Plaintiffs charged defendants with infringement of claims 1 and 2 of their United States Patent No. 2,152,699, issued to them April 4, 1939, on their application of October 8, 1934. The defense was non-infringement and invalidity. The court found the facts specially, and that the claims were valid but not infringed. It concluded as a matter of law that the claims were not infringed, and decreed accordingly on December 29, 1944. It made no conclusion...

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