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SPROUT, WALDRON & CO. v. BAUER BROS. CO.

No. 365.

26 F.Supp. 162 (1938)

SPROUT, WALDRON & CO. v. BAUER BROS. CO.

District Court, S. D. Ohio, W. D.

August 4, 1938.

Attorney(s) appearing for the Case

Greer Marechal, of Dayton, Ohio, J. B. Hayward, of New York City, and Lawrence B. Biebel, of Marechal & Noe, all of Dayton, Ohio, for plaintiff.

Marston Allen and John Melville, of Allen & Allen, all of Cincinnati, Ohio, and Paul A. Staley, of Springfield, Ohio, for defendant.

NEVIN, District Judge.

This is a patent suit brought in the usual form. Plaintiff filed its bill of complaint in this court on September 24, 1934, alleging infringement by defendant of Manson patent No. 1,399,976, issued December 13, 1921. Plaintiff is the owner of the Manson patent having acquired title thereto by assignment. It prays for an injunction and an accounting.

In its answer, filed November 17, 1934, defendant denies infringement and alleges invalidity...

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