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PATTERSON-BALLAGH CORP. v. MOSS

No. 12849.

201 F.2d 403 (1953)

PATTERSON-BALLAGH CORP. et al. v. MOSS et al.

United States Court of Appeals Ninth Circuit.

January 27, 1953.

Attorney(s) appearing for the Case

Lyon & Lyon, Leonard S. Lyon and Reginald E. Caughey, Los Angeles, Cal., for appellants.

Westall & Westall, Joseph F. Westall and Edward F. Westall, Los Angeles, Cal., for appellees.

Before STEPHENS and ORR, Circuit Judges, and McCORMICK, District Judge.

ORR, Circuit Judge.

Letters Patent No. 2,190,880 were issued to appellee Perry M. Moss on February 20, 1940, after application filed January 21, 1938. Patentee thereafter filed suit against Patterson-Ballagh Corporation alleging infringement and asking damages. The trial court in an able and exhaustive opinion, D. C.S.D.Cal.1950, 89 F.Supp. 619, 620, held claims 2 and 7 of the patent in suit valid and claim 2 infringed by certain...

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