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LEWIS v. MERRITT, CHAPMAN & SCOTT CORPORATION

No. 1350.

3 F.2d 66 (1924)

LEWIS v. MERRITT, CHAPMAN & SCOTT CORPORATION.

District Court, E. D. New York.

November 25, 1924.

Attorney(s) appearing for the Case

Dutton & Kilsheimer, of New York City (James B. Kilsheimer, Jr., and Lawrence Bristol, both of New York City, of counsel), for plaintiff.

Emery, Booth, Janney & Varney, of New York City (Lucius E. Varney and Manvel Whittemore, both of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This is an action in equity brought by the plaintiff to recover from the defendant for damages for the alleged infringement of patent No. 1,152,326, issued by the United States Patent Office to the plaintiff, dated August 31, 1915, and to restrain the defendant by injunction from further alleged infringement.

The ownership of the patent by plaintiff is admitted, but the defendant has answered raising the twofold issue of invalidity...

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