ALLEN, Circuit Judge.
This appeal arises out of a judgment of the District Court finding three claims of Turnham patent 2,242,408, issued May 20, 1941, on an application filed October 28, 1938, valid and infringed. Weingarten, plaintiff below, is assignee of the patent in which Bradley, co-plaintiff below, owned a nominal interest.
At the trial it was stipulated that Claims 4, 5 and 6, if valid, were infringed by appellant's structure. Appellees then withdrew...
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