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ECONOMY BALER CO. v. SOLAR STURGES MFG. CO.

No. 5057.

29 F.2d 656 (1928)

ECONOMY BALER CO. et al. v. SOLAR STURGES MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

December 15, 1928.

Attorney(s) appearing for the Case

Clarence B. Zewadski, of Detroit, Mich. (Whittemore, Hulbert, Whittemore & Belknap and Charles B. Belknap, all of Detroit, Mich., on the brief), for appellants.

Carlton Hill and Charles W. Hills, both of Chicago, Ill., for appellee.

Before DENISON, HICKS, and MOORMAN, Circuit Judges.

HICKS, Circuit Judge.

This is a patent suit. Plaintiff alleges infringement of patent No. 1,491,842, issued April 29, 1924, for a fire proof waste can by the manufacture and sale of certain metal waste containers.

Defendants do not seriously contest the validity of the patent in suit. They admit that their old type structure (Plaintiff's Exhibit A) reads on the claims in suit, but they deny that they have sold this old type can since the issuance of the plaintiff...

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