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BUCKEYE INCUBATOR CO. v. HILLPOT

No. 2026.

22 F.2d 855 (1927)

BUCKEYE INCUBATOR CO. et al. v. HILLPOT.

District Court, D. New Jersey.

August 4, 1927.

Attorney(s) appearing for the Case

Border Bowman, of New York City, and Charles E. Brock, of Cleveland, Ohio, for plaintiffs.

Arthur E. Paige and Frank E. Paige, both of Philadelphia, Pa., for defendant.

Wylie C. Margeson, of New York City, amicus curiæ.

BODINE, District Judge.

This suit is an action in equity for the infringement of claims 1 and 2 of the Smith incubator patent, No. 1,262,860. The defendant operated at Frenchtown, N. J., and Easton, Pa. The patent was held valid and infringed in Buckeye v. Wolf (D. C.) 291 F. 253, and in Buckeye v. Cooley, in this district, affirmed Circuit Court of Appeals (Third Circuit) 17 F.2d 453, and valid, but not infringed, in Buckeye v. Petersime...

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