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GREAT ATLANTIC & P. TEA CO. v. SUPERMARKET EQ. CORP.

No. 10835.

179 F.2d 636 (1950)

GREAT ATLANTIC & PACIFIC TEA CO. v. SUPERMARKET EQUIPMENT CORPORATION.

United States Court of Appeals Sixth Circuit.

As Amended February 10, 1950.

Attorney(s) appearing for the Case

John H. Glaccum, New York City, E. J. Balluff, Detroit, Mich., Munn, Liddy & Glaccum, New York City, on brief, for appellant.

Townsend F. Beaman, Jackson, Mich., Beaman & Patch, Jackson, Mich., on brief, Theodore Greve, Cincinnati, Ohio, on docket, for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of a judgment of the District Court finding three claims of Turnham patent 2,242,408, issued May 20, 1941, on an application filed October 28, 1938, valid and infringed. Weingarten, plaintiff below, is assignee of the patent in which Bradley, co-plaintiff below, owned a nominal interest.

At the trial it was stipulated that Claims 4, 5 and 6, if valid, were infringed by appellant's structure. Appellees then withdrew...

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