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CONTAINER CORPORATION OF AMERICA v. M.C.S. CORPORATION

No. 15433.

250 F.2d 707 (1957)

CONTAINER CORPORATION OF AMERICA, a corporation, Appellant, v. M.C.S. CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

December 5, 1957.

Attorney(s) appearing for the Case

J. Calvin Brown, Los Angeles, Cal., Brown, Jackson, Boettcher & Dienner, Arthur H. Boettcher, Chicago, Ill., for appellant.

No appearance for appellee.

Before LEMMON, CHAMBERS and BARNES, Circuit Judges.

BARNES, Circuit Judge.

Plaintiff appeals from a judgment of the District Court holding plaintiff's patent in suit (No. 2,638,261) to be invalid. This patent discloses a Frozen Food Carton with Plastic Lid; i. e., a paper board open top carton, having a lap-joint extending to the upper edge of the carton, and a cover, having a peripheral downwardly extending recess for engagement with the top of the carton with...

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