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C. S. JOHNSON COMPANY v. STROMBERG

No. 15249.

242 F.2d 793 (1957)

C. S. JOHNSON COMPANY, a Corporation, Appellant, v. Merle W. STROMBERG, Doing Business as California Batching Equipment Co., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 8, 1957.

Attorney(s) appearing for the Case

Richard L. Gausewitz, Santa Ana, Cal., and William A. Denny, Milwaukee, Wis., for appellant.

Lyon & Lyon, R. Douglas Lyon, Los Angeles, Cal., for appellee.

Before STEPHENS, CHAMBERS and BARNES, Circuit Judges.

BARNES, Circuit Judge.

This is a suit for infringement of United States Letters Patent No. 2,138,172, for a concrete Batching Apparatus invented by plaintiff's assignors. The patent issued November 29, 1938, expired November 29, 1955. (The filing date was February 10, 1937.) Suit was instituted August 25, 1954. By the time trial was had, the prayer for injunctive relief was moot.

The invention may be succinctly described as a combination patent, whereby a...

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