MILLER INDUSTRIES CO. v. EMERY THOMPSON MACHINE & SUPPLY CO.


18 F.2d 150 (1926)

H. H. MILLER INDUSTRIES CO. v. EMERY THOMPSON MACHINE & SUPPLY CO.

District Court, S. D. New York.

December 2, 1926.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds and R. Morton Adams, both of New York City, of counsel), for plaintiff.

Johnson, Heymann, Galston & Holstein, of New York City (Clarence G. Galston, of New York City, of counsel), for defendant.


WINSLOW, District Judge.

This is a motion for a preliminary injunction, restraining the infringement by defendant of Miller patent, No. 945,570, relating to ice cream freezers. The patent will expire in January, 1927. This patent has been the subject of litigation in the Seventh circuit, in a suit brought by Miller Pasteurizing Machine Co. v. Creamery Package Mfg. Co. (C. C. A.) 6 F.2d 838. In that suit, claims 7, 8. 10, 11, 12, 20...

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