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NAILCRETE CORPORATION v. PAUL MENDE, INC.

No. 261.

11 F.2d 678 (1926)

NAILCRETE CORPORATION v. PAUL MENDE, Inc.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.

Attorney(s) appearing for the Case

Sheffield & Betts, of New York City (Drury W. Cooper and Edward W. Vaill, both of New York City, of counsel), for appellant.

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

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The appellant sued below for infringement of letters patent No. 1,140,559, issued May 25, 1915, on an application filed October 30, 1912, for artificial stone. Claims 1, 2, 3, 4, 5, 7, 8, and 10 are involved. The claims, in substance, provide for an artificial stone comprising cement and asbestos tailings, a filler having a specified gravity substantially less than the average concrete mixture, and a texture such that nails, screws, and tacks...

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