ERNST v. CLEMENS

No. 12323.

185 F.2d 231 (1950)

ERNST v. CLEMENS et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 15, 1950.


Attorney(s) appearing for the Case

Alan Franklin, Los Angeles, Cal. (J. Calvin Brown, Los Angeles, Cal., of counsel), for appellant.

Herbert A. Huebner, Richard M. Worrel, Fresno, Cal., for appellee.

Before STEPHENS, BONE and ORR, Circuit Judges.


PER CURIAM.

The plaintiff-appellant alleged that a patent upon fruit or vegetable sacking device and a sack jigger was being infringed by defendants-appellees. The device may loosely be termed a semi-automatic machine in which a plurality of sacks is placed open and as fruit or vegetables are chuted into the sacks the latter are "jiggled" or shaken down. The defendants denied (briefly stated) in their answer that the patent or reissue patent was duly or legally issued...

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