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FRICK-GALLAGHER MFG. CO. v. RO-TRAY CORPORATION

No. 65585.

33 F.Supp. 727 (1940)

FRICK-GALLAGHER MFG. CO. v. RO-TRAY CORPORATION et al.

District Court of the United States for the District of Columbia.

April 16, 1940.

Attorney(s) appearing for the Case

Roberts B. Larson, of Washington, D. C., (Hyland R. Johns and Robert S. Allyn, both of New York City, of counsel), for plaintiff.

D. P. Wolhaupter, Emory L. Groff, and Stacy M. Reed, all of Washington, D. C., for defendants.

LUHRING, Justice.

The complaint is for an infringement of patents and registered trade mark and unfair competition and seeks an injunction and accounting.

The patents to Frick, No. 2,081,856, and to Mueller, No. 2,086,508, are invalid in view of the prior art, and, even conceding claim 15 of the Mueller patent to be valid, that claim is not infringed by the defendant's structure.

The registered mark "Rotabin" is not infringed by the defendant's mark...

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