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PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

No. 7713.

93 F.2d 936 (1937)

PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

Circuit Court of Appeals, Sixth Circuit.

November 3, 1937.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin, of Dayton, Ohio, on the brief), for appellant.

Albert L. Ely, of Cleveland, Ohio (John M. Cole, of Springfield, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appeal from an order of the District Court dismissing a bill of complaint praying for leave to take depositions in perpetuam rei memoriam under 28 U.S.C. § 644 (28 U.S.C.A. § 644).1

The parties are competitors in the business of manufacturing incubators, appellant being the owner of Petersime patent No. 1,562,787, and appellee being the owner of Stover patents Nos. 1,911,249, and 1,911,250. On August...

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