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KALO INOCULANT CO. v. FUNK BROS. SEED CO.

Nos. 9040, 9041.

161 F.2d 981 (1947)

KALO INOCULANT CO. v. FUNK BROS. SEED CO. (two cases).

Circuit Court of Appeals, Seventh Circuit.

June 12, 1947.

Attorney(s) appearing for the Case

J. Bernhard Thiess, Sidney Neuman and M. Hudson Rathburn, all of Chicago, Ill., for appellant Kalo.

H. A. Toulmin, Jr. and D. C. Staley, both of Dayton, Ohio, and Bernard A. Schroeder, of Chicago, Ill., and Toulmin & Toulmin, of Dayton, Ohio, for appellee Funk.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff, manufacturer and vendor of bacterial inoculant for leguminous plants, brought suit for infringement of patent to Bond No. 2,200,532, issued May 14, 1940, on application filed August 24, 1938, and assigned to plaintiff, against defendant, wholesale and retail dealer in certain leguminous inoculants, alleged to be infringing products manufactured by The Agricultural Laboratories, Inc., of Columbus, Ohio, who assumed control and direction...

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