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MAGEE v. COCA-COLA COMPANY

No. 11420.

232 F.2d 596 (1956)

Marie MAGEE and Donald F. Guilliams, Plaintiffs-Appellants, v. The COCA-COLA COMPANY, Coca-Cola Bottling Co. of Chicago, Inc. and Chicago Concessions, Inc., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 16, 1956.

Attorney(s) appearing for the Case

Warren C. Horton, Chicago, Ill., for plaintiffs-appellants.

Will Freeman, Chicago, Ill., W. M. Van Sciver, Bair, Freeman & Molinare, Chicago, Ill., Pope F. Brock, K. Wilson Corder, Atlanta, Ga., of counsel, for defendants-appellees.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiffs, averring that they are the owners of the patent in suit, brought suit against defendants in the District Court for infringement of claims 3, 4, 5, 8, 9 and 10 of patent 2,103,479, issued to William Magee on December 28, 1937. Claim 3, which we think typical, is as follows: "In combination, a household refrigerator having a food compartment and a refrigerating unit including a motor, a carbonator mounted in said food compartment...

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