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HOPE BASKET CO. v. PRODUCT ADVANCEMENT CORP.

Nos. 11241, 11242.

187 F.2d 1008 (1951)

HOPE BASKET CO. et al. v. PRODUCT ADVANCEMENT CORP. et al. PRODUCT ADVANCEMENT CORP. et al. v. HOPE BASKET CO. et al.

United States Court of Appeals Sixth Circuit.

March 29, 1951.

Attorney(s) appearing for the Case

Edwin T. Bean, Buffalo, N. Y., Herbert H. Porter, Washington, D. C., Edwin T. Bean, Buffalo, N. Y., on brief; Harold W. Bryant, Grand Rapids, Mich., of counsel, for Hope Basket Co.

Lloyd C. Root, Chicago, Ill., Spencer, Johnston, Cook & Root and Lloyd C. Root, all of Chicago, Ill., Frank E. Liverance, Jr., Grand Rapids, Mich., on brief, for Product Advancement Corp.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.

MILLER, Circuit Judge.

This action was filed by the Hope Basket Company and the Walter Verhalen Company to determine their rights as licensees under five royalty license agreements executed April 1, 1930, and to have Schmidtke Basket Patent No. 1,895,586 declared invalid. They have appealed from a ruling adverse to their claims under the license agreements and upholding the validity of the patent. The defendants below, Product Advancement Corporation and St. Joe Machines...

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