
    McCullough v. Kammerer CORPORATION et al.
    No. 9957.
    Circuit Court of Appeals, Ninth Circuit,
    March 1, 1944.
    For former opinion, see 138 F.2d 482.
    Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.
    R. Welton Whann, of Los Angeles, Cal., and A. W. Boyken, of San Francisco, Cal., if or appellant.
    Lyon & Lyon, of Los Angeles, Cal., for appellee.
   PER CURIAM.

In his petition for rehearing appellant has cited Kellogg No. 657,777, Hill No. 1,338,773, and Segelhorst No. 1,599,067 and No. 1,767,018 as being demonstrative of anticipation of Reilly-Stone No. 1,625,391. We do not find in these patents such anticipation.

The petition for rehearing is denied.

MATHEWS, Circuit Judge dissents.  