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WHITEMAN v. MATHEWS

No. 13725.

216 F.2d 712 (1954)

Marvin Edwin WHITEMAN, Appellant, v. L. G. MATHEWS, Appellee.

United States Court of Appeals Ninth Circuit.

November 9, 1954.

Attorney(s) appearing for the Case

Lyon & Lyon, Richard F. Lyon, Los Angeles, Cal., for appellant.

Mason & Graham, Collins Mason, Max Tendler, Olin N. MacKay, Los Angeles, Cal., for appellee.

Before STEPHENS and CHAMBERS, Circuit Judges, and WALSH, District Judge.

WALSH, District Judge.

Appellant (hereinafter Whiteman) is the owner of United States Letters Patent No. 2,198,929, issued April 30, 1940, on application filed May 3, 1939, for a Cement Floor Finisher. The machine of the patent is described briefly as follows: Trowels or blades extending substantially radially to a vertical shaft are rotated by means of a motor geared to the upper end of the shaft. At the lower end of the shaft is attached a plate

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