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PAPER CONTAINER MFG. CO. v. DIXIE CUP CO.

Civ. No. 990.

74 F.Supp. 389 (1947)

PAPER CONTAINER MFG. CO. v. DIXIE CUP CO.

District Court, D. Delaware.

October 8, 1947.

Attorney(s) appearing for the Case

Thomas Cooch (of Marvel & Morford), of Wilmington, Del. (F. M. Warden (of Cromwell, Griest & Warden), of Chicago, Ill., of counsel), for plaintiff.

William H. Foulk, of Wilmington, Del. (Carlton Hill, Charles F. Meroni and M. R. Chambers (of Charles W. Hills), all of Chicago, Ill., of counsel), for defendant.

RODNEY, District Judge.

This is a proceeding under R.S. § 49151 to obtain a patent. The following facts may be material and sufficiently stated. On February 9, 1943 one Hulseman executed an application for Letters Patent for a "Cup Holder" which application the following day was assigned to the present plaintiff. On February 12, 1943 the application was filed in the Patent Office.

On November 15, 1943 an application for Letters...

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