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MASTER METAL STRIP SERVICE INC. v. PROTEX WEATHERSTRIP MFG. CO.

No. 9477.

169 F.2d 700 (1948)

MASTER METAL STRIP SERVICE, Inc. et al. v. PROTEX WEATHERSTRIP MFG. CO.

Circuit Court of Appeals Seventh Circuit.

Rehearing Denied September 24, 1948.

Attorney(s) appearing for the Case

Clarence E. Threedy, of Chicago, Ill. (Nunzio Giambalvo, of Chicago, Ill., of counsel), for appellants.

Charles B. Cannon, Ferd Bing, D. V. O'Keeffe and Wallace & Cannon, all of Chicago Ill., for defendant-appellee.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Chief Judge.

Plaintiffs charged defendant, a copartnership, with infringement of United States patents Nos. 2,158,963 and 2,257, 051 issued on the respective dates of May 16, 1939 and September 23, 1941, on applications filed respectively on January 6, 1938, and December 8, 1939. The answer denied infringement and validity of both patents, and a counterclaim asked for a declaratory judgment to that effect, and for a further judgment against plaintiffs for...

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