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WESTINGHOUSE ELECTRIC & MFG. CO. v. CUTTING & WASHINGTON RADIO CORPORATION

5 F.2d 1004 (1923)

WESTINGHOUSE ELECTRIC & MFG. CO. v. CUTTING & WASHINGTON RADIO CORPORATION.

District Court, S. D. New York.

July 24, 1923.

Attorney(s) appearing for the Case

Charles Neave and Stephen H. Philbin, both of New York City, for plaintiff.

William H. Davis, of New York City, for defendant.

LEARNED HAND, District Judge.

I agree that when a man has a license to make or sell, and probably also if his license be to make and sell, it is a matter of no moment who does the manufacturing. But that is not this case. Here the license was "to manufacture the apparatus and to sell the apparatus of the licensee's manufacture." In the face of this, nobody argues that the licensee may sell any other apparatus than what he manufactures. It may be hard on him...

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