BABCOCK & WILCOX CO. v. SPRINGFIELD BOILER CO.


8 F.2d 618 (1925)

BABCOCK & WILCOX CO. v. SPRINGFIELD BOILER CO. et al.

District Court, S. D. New York.

August 26, 1925.


Attorney(s) appearing for the Case

Gifford & Scull, of New York City (Livingston Gifford, of New York City, C. P. Byrnes, of Pittsburgh, Pa., and George F. Scull, of New York City, of counsel), for plaintiff.

John E. Hubbell, of Philadelphia, Pa. (W. B. Morton, of New York City, of counsel), for defendant Springfield Boiler Co.

Briesen & Schrenk, of New York City (Fritz v. Briesen, of New York City, of counsel), for defendant Superheater Company.


KNOX, District Judge.

In a competition with plaintiff for the contract to install a steam boiler plant in the power station of the United Electric Light & Power Company at Hell Gate, New York City, the defendants were successful. They proceeded to build and install several enormous superheater boilers at a cost of something like one and a quarter millions of dollars. The result of their labor is said, by plaintiff, to constitute an infringement of claims 4, 6...

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