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KUTHER v. LEUSCHNER

Civ. Nos. 38418, 38859.

200 F.Supp. 841 (1961)

Max K. KUTHER, an individual, Plaintiff, v. Alfred LEUSCHNER, an individual, doing business under the name and style of Al's Machine Shop, Defendant. Max K. KUTHER, an individual, Plaintiff, v. WILBUR-ELLIS COMPANY, a corporation, Defendant.

United States District Court N. D. California, S. D.

July 6, 1961.

Attorney(s) appearing for the Case

Mellin, Hanscom & Hursh, by Oscar A. Mellin, San Francisco, Cal., for plaintiff.

Naylor & Neal, by Frank Neal, San Francisco, Cal., for defendants.

SWEIGERT, District Judge.

The above two cases, consolidated for the purpose of trial, involve similar subject matter and issues, namely, whether the defendants have infringed a valid patent of plaintiff in a fish canning machine. (Letters Patent, No. 2,452,666 issued November 2, 1948).

It is alleged that the defendants procured a number of the patented machines from an unlicensed holder and proceeded without authority, to cause them to be entirely rebuilt...

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