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McEUEN v. KELLEY-KOETT MFG. CO.

No. 4131.

38 F.Supp. 596 (1941)

McEUEN v. KELLEY-KOETT MFG. CO.

District Court, E. D. Kentucky, Covington.

March 15, 1941.

Attorney(s) appearing for the Case

Cushman, Darby & Cushman, of Washington, D. C., and Allen & Allen, of Cincinnati, Ohio, for plaintiff.

Murray, Sackhoff & Paddack, of Cincinnati, Ohio, for defendant.

SWINFORD, District Judge.

This case is now before me on the defendant's motion that copies of certain patents be included in the transcript of the record.

These patents were designated in the defendant's answer to the bill of particulars but were not offered in evidence.

The defendant urges that since these patents were designated in the answer to the plaintiff's bill of particulars, that the court may take notice of patents of the prior art, and the...

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