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WM. BROS BOILER & MFG. CO. v. GIBSON-STEWART CO.

Civ. No. 31158.

202 F.Supp. 6 (1961)

WM. BROS BOILER & MFG. CO. (by change of name now Bros, Incorporated), Plaintiff, v. GIBSON-STEWART CO., Inc., Defendant.

United States District Court N. D. Ohio, E. D.

September 6, 1961.

Attorney(s) appearing for the Case

John F. Oberlin, Cleveland, Ohio, Andrew E. Carlsen and Douglas L. Carlsen, Minneapolis, Minn., for plaintiff.

Warley L. Parrott, Channing L. Richards, Charlotte, N. C., Albert R. Teare, Cleveland, Ohio, for defendant.

JONES, District Judge.

This matter now comes before me on defendant's objections to Special Master's report. The substantive basis for the objections of the defendant is plaintiff's failure to mark its products with the patent number applicable thereto, as required by Title 35 U.S.C.A. § 287, for a period of nine months following the issuance of the patent. It is defendant's position that failure so to mark deprives plaintiff of all right to recover damages for...

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