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NELSON v. SWING-A-WAY MANUFACTURING COMPANY

No. 16044.

266 F.2d 184 (1959)

Helen Smith NELSON, Executrix of Arthur E. Nelson, Deceased, Appellant, v. SWING-A-WAY MANUFACTURING COMPANY, a Corporation, and Idus L. Rhodes, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 25, 1959.

Attorney(s) appearing for the Case

Harry M. James and Joseph Nessenfeld, St. Louis, Mo. (John H. Cassidy, Jr., and Wilbur C. Schwartz, St. Louis, Mo., were with them on the brief), for appellant.

Estill E. Ezell, St. Louis, Mo. (Lawrence C. Kingsland, Edmund C. Rogers, and Kingsland, Rogers & Ezell, St. Louis, Mo., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff appeals from judgment dismissing her patent infringement suit against defendant. The court granted a separate trial on the issue of the ownership of the patents and, after hearing on the merits upon such issue, found that defendant was the owner of the patents and dismissed the infringement suit.

Plaintiff is the executrix of the estate of her deceased husband, Arthur E. Nelson, and in such capacity has succeeded to...

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