VAN METER v. IRVING AIR CHUTE CO.


27 F.2d 170 (1928)

VAN METER v. IRVING AIR CHUTE CO. SAME v. UNITED STATES.

District Court, W. D. New York.

June 8, 1928.


Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Melville Church, Clarence B. Des Jardins and C. C. Calhoun, all of Washington, D. C., of counsel), for plaintiff.

Botsford, Mitchell, Albro & Weber, of Buffalo, N. Y. (Royal R. Rommel, of Washington, D. C., of counsel), for defendant Irving Air Chute Co.

Richard A. Grimm, Asst. U. S. Atty., of Buffalo, N. Y. (Harry E. Knight, of Washington, D. C., and Herman Galloway, Asst. Atty. Gen., of counsel), for the United States.


HAZEL, District Judge.

In these two cases, tried as one, the evidence taken is admittedly applicable to both. The action against the Irving Air Chute Company is in equity and avers infringement of United States letters patent No. 1,192,479, issued July 25, 1916, to Solomon Lee Van Meter, Jr., for parachute apparatus or "aviatory life buoy," while the action against the United States is at law, wherein trial by jury has been waived, to recover damages for unlicensed...

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