MONTGOMERY WARD & CO. v. BUER

No. 11147.

186 F.2d 614 (1951)

MONTGOMERY WARD & CO. v. BUER.

United States Court of Appeals Sixth Circuit.

January 22, 1951.


Attorney(s) appearing for the Case

Henry L. Burkitt, New York City, Charles S. Adams, Covington, Ky., Henry L. Burkitt and Percy Freeman, New York City, for appellant.

Truman A. Herron, Cincinnati, Ohio, Truman A. Herron, Judson J. Allgood, and John C. McCarthy, all of Cincinnati, Ohio, on brief; Wood, Arey, Herron & Evans, Cincinnati, Ohio, of counsel, for appellee.

Before HICKS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


HICKS, Chief Judge.

Plaintiff-appellee brought suit against defendant-appellant for infringement of Patent No. 2,371,472 issued March 13, 1945, to Arthur George Ruff and appellee Buer f or a cart. Ruff assigned his interest in the patent to appellee on October 21, 1947, and appellee brought suit on February 9, 1948.

After the issues had been made up and the trial had proceeded until the close of appellee's evidence, appellant entered a motion to dismiss on...

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