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WILBUR-ELLIS CO. v. KUTHER

No. 109.

377 U.S. 422 (1964)

WILBUR-ELLIS CO. ET AL. v. KUTHER.

Supreme Court of United States.

Decided June 8, 1964.

Attorney(s) appearing for the Case

Frank A. Neal argued the cause for petitioners. With him on the brief was James M. Naylor.

Carlisle M. Moore argued the cause for respondent. With him on the brief was Oscar A. Mellin.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondent is the owner of a combination patent covering a fish-canning machine. A number of machines covered by the patent were manufactured and sold under his authorization. Among them were the four machines in suit, petitioner Wilbur-Ellis Company being the second-hand purchaser. Respondent received out of the original purchase price a royalty of $1,500 per machine...

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