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MERRILL v. BUILDERS ORNAMENTAL IRON CO.

No. 4369.

197 F.2d 16 (1952)

MERRILL v. BUILDERS ORNAMENTAL IRON CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 11, 1952.

Attorney(s) appearing for the Case

P. H. Lamphere and Carle Whitehead, Denver, Colo. (Lamphere & Van Valkenburgh and Whitehead & Vogl, all of Denver, Colo., on the brief), for appellant.

Charles B. Cannon, Chicago, Ill. (George H. Wallace, Daniel V. O'Keeffe, Wallace & Cannon, all of Chicago, Ill., William Grant, and Grant, Shafroth & Toll, all of Denver, Colo., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

Builders Ornamental Iron Company instituted this action against Marcellus S. Merrill. It was alleged in the complaint that plaintiff was the manufacturer of frame straightening apparatus for use in straightening the frames of automotive vehicles; that defendant asserted ownership of Letters Patent No. 2,013,785, hereinafter referred to as patent 785, for frame straightening apparatus for automobiles,

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