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HUTZLER BROS. CO. v. SALES AFFILIATES

No. 5627.

164 F.2d 260 (1947)

HUTZLER BROS. CO. et al. v. SALES AFFILIATES, Inc. (SCHERING CORPORATION, Intervener).

Circuit Court of Appeals, Fourth Circuit.

November 10, 1947.

Attorney(s) appearing for the Case

Worthington Campbell, of New York City (Campbell, Brumbaugh & Free, Leland L. Chapman, Raymond S. Clark, and Venable, Baetjer & Howard, all of New York City, on the brief), for appellants.

George B. Finnegan, Jr., of New York City (Hobart N. Durham and James J. Dwyer, both of New York City, R. Dorsey Watkins, of Baltimore, Md., Robert W. Byerly and Ralph M. Watson, both of New York City, and Gaylord Lee Clark, of Baltimore, Md., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is a civil action, filed in the United States District Court for the District of Maryland, alleging infringement of the Evans and McDonough patent, No. 2,352,524, issued June 27, 1944, on application filed June 20, 1938. Of the claims in suit, the District Court held that claims 2, 11, 12 and 13 were valid and that claims 6 and 17 were invalid. Plaintiffs thereupon disclaimed claims 6 and 17 along with claim 7, which was not in suit. The...

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