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PETERS & RUSSELL, INC. v. DORFMAN

No. 10320.

188 F.2d 711 (1951)

PETERS & RUSSELL, Inc., v. DORFMAN.

United States Court of Appeals Seventh Circuit.

Decided April 27, 1951.

Attorney(s) appearing for the Case

Will Freeman, George E. Frost, Chicago, Ill., Theodore Greve, Cincinnati, Ohio, Charles M. McKnight, Tulsa, Okl., Bair, Freeman & Molinare, Chicago, Ill., for appellant.

Charles B. Spangenberg, Sidney Wallenstein, Erwin M. Pearl, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and KERNER and FINNEGAN, Circuit Judges.

MAJOR, Chief Judge.

This appeal is from a final decree, entered December 4, 1950 in an action for infringement of United States letters-patent No. 2,224,433, issued December 10, 1940 to H. Holden, and No. 2,478,161, issued August 2, 1949 to Linus E. Russell. By the decree it was adjudged that defendants had not infringed claim 1 of the Holden patent (the only claim relied upon) but that if the claim be construed so as to be infringed that

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