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MAGNAVOX COMPANY v. MUTER CO.

Civ. No. 31013.

160 F.Supp. 169 (1956)

The MAGNAVOX COMPANY and Cyrus E. Hoekstra and John C. Radcliffe, Plaintiffs, v. The MUTER CO., Substituted for Rola Company, and Francis B. Smith, Defendants.

United States District Court N. D. Ohio, E. D.

December 18, 1956.

Attorney(s) appearing for the Case

John F. Oberlin, Cleveland, Ohio, Ralph G. Lockwood, Indianapolis, Ind., for plaintiffs.

Bates, Teare & McBean, Cleveland, Ohio, for defendants.

JONES, Chief Judge.

This case was submitted, after full hearing and oral argument, on December 5, 1956.

Plaintiffs brought suit under favor of Chapter 13, Section 146, and Chapter 29, Section 291, United States Code Title 35, having lost in an interference proceeding where patent claims originally issued to Hoekstra were awarded to Smith in reissue No. 238,790.

While not admitting the correctness of the Patent Office decision in the interference, the...

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