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ELECTRIC AUTO-LITE CO. v. P. & D. MFG. CO.

No. 170.

109 F.2d 566 (1940)

ELECTRIC AUTO-LITE CO. v. P. & D. MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 13, 1940.

Attorney(s) appearing for the Case

Edmund B. Whitcomb, of Toledo, Ohio, for plaintiff.

Theodore S. Kenyon, of New York City, for defendant.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

We decided these appeals in 1935 (2 Cir., 78 F.2d 700) but granted a rehearing because of the disqualification of one member of the original court, not known at the time. The case is in two parts: unfair competition, and patent infringement. As to the first, we need add nothing to what we said before; it is difficult to imagine a more open attempt to secure the monopoly of an industry without the aid of a patent. There...

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