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CALDERWOOD v. MANSFIELD

No. 26195-G.

71 F.Supp. 480 (1947)

CALDERWOOD v. MANSFIELD et al.

District Court, N. D. California, S. D.

April 22, 1947.

Attorney(s) appearing for the Case

Hancock, Rothert & Low and Harlow P. Rothert, all of San Francisco, Cal., for plaintiff.

Boyken, Mohler & Beckley, A. W. Boyken, W. Bruce Beckley, and Edgar C. Levey, all of San Francisco, Cal., for defendants.

GOODMAN, District Judge.

This is a qui tam action to recover the penalties prescribed by R. S. 4901, 35 U.S. C.A. § 50. By the statute, which is derived from the Act of July 8, 1870, 16 Stat. 203, penalties are imposed upon any person "who, in any manner, marks upon or affixes to any unpatented article the word `patent,' * * * for the purpose of deceiving the public" and one-half of the penalties imposed may be awarded...

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