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MOIST COLD REFRIGERATOR CO. v. LOU JOHNSON CO.

No. 15057.

249 F.2d 246 (1957)

MOIST COLD REFRIGERATOR CO., Inc., a Corporation, Appellant, v. LOU JOHNSON CO., Inc., a Corporation; Meier & Frank Company, Inc., a Corporation; Admiral Corporation, a Corporation; and Amana Refrigeration, Inc., a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 30, 1957.

Attorney(s) appearing for the Case

Buckhorn, Cheatham & Blore, Orme E. Cheatham, Hugh L. Biggs, Portland, Or., Davis, Hoxie & Faithfull, John B. Cunningham, T. Roland Berner, Aaron Lewittes, New York City, for appellant.

Ramsey & Kilisch, W. E. Ramsey, J. Pierre Kolisch, Portland, Or., Wilkinson, Huxley, Byron & Hume, Charles L. Byron, William E. Lucas, Francis H. Uriell, Chicago, Ill., for appellee.

Before STEPHENS, Chief Judge, BARNES, Circuit Judge, and LINDBERG, District Judge.

BARNES, Circuit Judge.

This is an action for damages for patent infringement of Reissue Patent No. 23,058.1 It was tried in the District Court with a jury. Prior to the trial, Lou Johnson Co. and Meier & Frank Co., both corporations, were eliminated as defendants.

The remaining defendants moved for a directed verdict at the conclusion of the plaintiff's case2 upon the grounds of (1) the invalidity...

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