H. WENZEL TENT & DUCK CO. v. WHITE STAG MFG. CO.

No. 13132.

199 F.2d 740 (1952)

H. WENZEL TENT & DUCK CO. v. WHITE STAG MFG. CO. et al.

United States Court of Appeals Ninth Circuit.

October 30, 1952.


Attorney(s) appearing for the Case

Orme E. Cheatham, Portland, Or., Edmund C. Rogers, St. Louis, Mo. (Buckhorn & Cheatham, Portland, Or., and Kingsland, Rogers & Ezell, St. Louis, Mo., of counsel), for appellant.

Samuel B. Weinstein and L. R. Geisler, Portland, Or., for appellee.

Before STEPHENS, HEALY and BONE, Circuit Judges.


STEPHENS, Circuit Judge.

The H. Wenzel Tent & Duck Co., hereafter called plaintiff, brought suit against the White Stag Manufacturing Co., hereafter called defendant, for allegedly infringing plaintiff's patent on a self-cooling cotton canvas water bag. Defendant interposed by way of defense evidence as to its claimed manufacture and sale to the public of a substantially identical product more than one year prior to plaintiff's original patent application. The...

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