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McCULLOUGH v. KAMMERER CORP.

No. 46.

323 U.S. 327 (1945)

65 S.Ct. 297

89 L.Ed. 273

McCULLOUGH v. KAMMERER CORPORATION ET AL.

Supreme Court of United States.

Decided January 2, 1945.

Attorney(s) appearing for the Case

Mr. A.W. Boyken, with whom Messrs. R. Welton Whann and Robert M. McManigal were on the brief, for petitioner.

Mr. Leonard S. Lyon, with whom Mr. Frederick S. Lyon was on the brief, for respondents.

Solicitor General Fahy and Assistant Attorney General Berge filed a brief on behalf of the United States, as amicus curiae, in support of petitioner.

PER CURIAM.

In this case both the District Court and the Circuit Court of Appeals for the Ninth Circuit have held valid and infringed the Reilly and Stone Patent, No. 1,625,391, of April 19, 1927, for a pipe cutting tool, of which patent respondent Kammerer Corporation is assignee. The patent expired on April 18, 1944, only damage for infringement is involved, and there is no conflict of decision with respect to the patent...

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