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I. D. RUSSELL CO. v. DR. SALSBURY'S LABORATORIES

No. 14535.

198 F.2d 473 (1952)

I. D. RUSSELL CO. et al. v. DR. SALSBURY'S LABORATORIES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 28, 1952.

Attorney(s) appearing for the Case

Charles J. Merriam, Chicago, Ill. (John Rex Allen, Chicago, Ill., Richard K. Phelps and Horace R. McMorris, Kansas City, on the brief), for appellants.

Thomas E. Scofield, Kansas City, for appellee.

Before GARDNER, Chief Judge, and THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This suit was brought by the appellee, Dr. Salsbury's Laboratories, an Iowa corporation, against the I. D. Russell Co., a partnership, of Kansas City, Missouri, for infringement of patent No. 2,450,866, issued October 5, 1948, to Neal F. Morehouse and Orley J. Mayfield and by them assigned to the plaintiff. The plaintiff demanded an injunction, an accounting for profits, damages, costs and attorney fees. The defendants pleaded misuse and invalidity...

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