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KALTENBACH v. CHESAPEAKE & OHIO RY. CO.

No. 308.

43 F.Supp. 819 (1941)

KALTENBACH et al. v. CHESAPEAKE & OHIO RY. CO.

District Court, E. D. Virginia.

May 20, 1941.

Attorney(s) appearing for the Case

Frank A. Kearney, of Phoebus, Va., and Albert R. Teare, of Cleveland, Ohio, for plaintiffs.

Leigh D. Williams, of Norfolk, Va., and Corbett & Mahoney, of Columbus, Ohio, for defendant.

WAY, District Judge.

Memorandum of the Court's conclusions on the exceptions of plaintiff and defendant, respectively, to the report of the Special Master filed herein October 4, 1940:

(1) The action of the Master in determining what was a reasonable royalty for the use of plaintiff's devices and accepting that as the basis for ascertaining the damages for the infringement, was proper under the facts of the case. The question presented was not whether the...

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