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WABER v. MONTGOMERY WARD & CO.

Nos. 8586, 8587.

149 F.2d 536 (1945)

WABER v. MONTGOMERY WARD & CO. et al. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 14, 1945.

Attorney(s) appearing for the Case

Bair & Freeman, William P. Bair and Will Freeman, all of Chicago, Ill., and Vernon D. Beehler, of Los Angeles, Cal., for James W. Waber.

Eugene M. Giles, Herbert L. Shepard, and Albert F. Mecklenburger, all of Chicago, Ill., for Montgomery Ward & Co. and United States Rubber Co.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is a suit for infringement of United States Patent No. 1,808,091, issued to plaintiff June 2, 1931. The defenses of invalidity and noninfringement were relied upon. The court found the patent invalid, but infringed if valid. Plaintiff appeals from the finding of invalidity and defendants appeal from that of infringement.

The patent is entitled "Pneumatic Tire Tube," concerning which the patentee states:

"My invention relates...

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