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KROMER CAP CO. v. J. C. PENNEY CO.

No. 4861.

38 F.Supp. 789 (1941)

KROMER CAP CO. v. J. C. PENNEY CO., Inc.

District Court, E. D. Wisconsin.

April 22, 1941.

Attorney(s) appearing for the Case

Wheeler, Wheeler & Wheeler, of Milwaukee, Wis., for plaintiff.

Chritton, Wiles, Davies, Hirschel & Dawson and George A. Chritton and Charles J. Merriam, all of Chicago, Ill., and Gwinn & Pell, Caleb C. Curtis and Jerome L. Greene, all of New York City, for defendant.

DUFFY, District Judge.

This is a suit alleging the infringement of Letters Patent No. 1,540,405, granted to George P. Kromer on June 2, 1925, for an improvement in caps. The application therefor was filed on April 18, 1922. The plaintiff is the present owner of the patent.

There is only one claim based upon a combination, as follows: "In a cap, the combination of a crown, a semi-rigid peak secured thereto, a slide stitched to the said crown adjacent the lower...

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