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SWENSON v. BOOS

No. 13219.

156 F.2d 338 (1946)

SWENSON v. BOOS.

Circuit Court of Appeals, Eighth Circuit.

July 8, 1946.

Attorney(s) appearing for the Case

Andrew E. Carlsen, of Minneapolis, Minn., for appellant.

Charles V. Hildebrecht, of Chicago, Ill. (Edward C. Grelle, of Chicago, Ill., and Frank A. Whiteley, of Minneapolis, Minn., on the brief), for appellee.

Before GARDNER and THOMAS, Circuit Judges, and DUNCAN, District Judge.

GARDNER, Circuit Judge.

This was a suit brought by Merrill G. Swenson against Henry P. Boos, doing business as Henry P. Boos Dental Laboratories, for infringement of Swenson Patent No. 2,095,535 and for an accounting. We shall refer to the parties as they were designated in the trial court. Defendant pleaded invalidity and non-infringement and alleged that the invention purported to be covered by the patent and all substantial parts thereof were known to others and...

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