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STEIGLEDER v. EBERHARD FABER PENCIL CO.

No. 4411.

176 F.2d 604 (1949)

STEIGLEDER v. EBERHARD FABER PENCIL CO. et al.

United States Court of Appeals First Circuit.

August 9, 1949.

Attorney(s) appearing for the Case

Charles E. Cunningham, Boston, Mass. (Herbert S. Avery, of Boston, Mass., with him on brief), for appellant.

Herbert P. Kenway, Boston, Mass. (Kenway, Jenney, Witter & Hildreth, Boston, Mass., Raymond L. Greist, Chicago, Ill., Cromwell, Greist & Warden, Chicago, Ill., J. Bernhard Thiess, Chicago, Ill., and Thiess, Olson & Mecklenburger, Chicago, Ill., with him on brief), for appellees.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CONNOR, District Judge.

PER CURIAM.

Frank N. Steigleder brought suit for infringement of Letters Patent No. 1,875,184 issued to him on August 30, 1932, based upon the making and/or selling and distributing by the defendants of ball point pens alleged to embody the invention described and claimed in said patent. Plaintiff filed a bill of particulars in response to a motion by defendants, allowed by the court. Defendants' answer denied the infringement, and averred that the patent was invalid...

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