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211 F.2d 650

Docket No. 11730.

Macite Corp. v. Davison

District of Columbia Circuit Court of Appeals

Argued Jan. 11, 1954.

Decided April 1, 1954.

District of Columbia Circuit Court of Appeals · decided 1954-04-01

Cited by 2 later decisions — most recently November 1958

1 federal appellate ·

2 counsel of record

Relies on Higashi v. Shifflett

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1954-04-01

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¶1Mr. Neil Burkinshaw, Washington, D. .C-, with whom Mr. Dennis Collins, Washington, D. C., was on the brief, for appellant;

¶2No brief for appellees. Messrs. Sherman E. Burt and William A. Clineburg, Washington, D. C., entered appearances for appellees.

¶3■. Before BAZELON, FAHY and WASHINGTON, Circuit Judges.

¶4PER CURIAM..

¶5Appellant corporation, as assignee-licensee of Letters Patent No. 2,-078,264, sued appellees, alleging that the latter were manufacturing and selling the patented product without permission or right. Appellant asked an injunction and an accounting. The District Court, after hearing without a jury the evidence offered by plaintiff-appellant, dismissed the complaint.

¶6After considering the evidence in the light most favorable to plaintiff-appellant, Higashi v. Shifflett, 1952, 90 U.S. App.D.C. 302, 195 F.2d 784, we have concluded that a prima facie case was not made out. The judgment must accordingly be

¶7Affirmed.

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