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WAXHAM v. SMITH

No. 7154.

70 F.2d 457 (1934)

WAXHAM v. SMITH et al.

Circuit Court of Appeals, Ninth Circuit.

April 9, 1934.

Attorney(s) appearing for the Case

Raymond Ives Blakeslee, of Los Angeles, Cal., for appellant.

Albert L. Ely, of Akron, Ohio, Leonard S. Lyon, of Los Angeles, Cal., and Geo. C. McConnaughey, of Cleveland, Ohio, for appellees.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

This suit was brought by Samuel B. Smith, patentee, and the Buckeye Incubator Company, a licensee, under patent No. 1,262,860, issued April 16, 1918, for an incubator, against Herbert H. Waxham, for the infringement of said patent by the use of an incubator known as Robbins No. 23 incubator purporting to be manufactured under and pursuant to patent No. 1,728,980, issued September 24, 1929, to J. L. Robbins. The matter was referred to a special...

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