MARTIN, Circuit Judge.
The appellant, Dole Refrigerating Company, brought an action in the district court against the appellee, Kold-Hold Manufacturing Company, seeking specific performance of a contract in writing between the parties of date November 1, 1941; an injunction against the manufacture, sale and use by appellee of refrigerating plates made under Kleist Patents, Nos. 1,824,158 and 2,217,702; and an award of damages resulting
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