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WHITE CAP CO. v. OWENS-ILLINOIS GLASS CO.

No. 11520.

203 F.2d 694 (1953)

WHITE CAP CO. v. OWENS-ILLINOIS GLASS CO.

United States Court of Appeals Sixth Circuit.

April 24, 1953.

Attorney(s) appearing for the Case

Owen & Owen, Toledo, Ohio, Davis, Hoxie & Faithfull, William H. Davis, Cyrus S. Hapgood, George E. Faithfull, New York City, Cromwell, Greist & Warden, Franklin M. Warden and Raymond L. Greist, Chicago, Ill.; George Ramsey, New York City, Paul Plunkett, Chicago, Ill., of counsel; on the brief, for appellant.

George I. Haight, Chicago, Ill., Fred E. Fuller and Frank A. Harrington, Toledo, Ohio, for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing a complaint in a suit for patent infringement of U. S. Patent No. 2,339,827 for "closure cap and package" granted to William P. White January 25, 1944. The patent discloses a closure consisting of a cap and gasket to be sealed upon a vessel such as a glass jar or bottle. The cap is of the type which is pressed on the vessel and is alleged to be

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