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WAPPLER ELECTRIC CO. v. BRONX HOSPITAL AND DISPENSARY

28 F.2d 419 (1928)

WAPPLER ELECTRIC CO., Inc., v. BRONX HOSPITAL AND DISPENSARY.

District Court, S. D. New York.

October 3, 1928.

Attorney(s) appearing for the Case

Walton Harrison, of New York City, for plaintiff.

Briesen & Schrenk, of New York City (C. W. Miles, of Cincinnati, Ohio, of counsel), for defendant.

HUTCHESON, District Judge.

This suit was originally brought on four patents. By a stipulation reached before announcement for trial, the cause was discontinued as to three of the patents without prejudice, and the trial went on as to the patent to R. H. Wappler, No. 1,371,404, and on claims 4 and 5 thereof. Because, as stated by the plaintiff, the suit was based upon the use of a single machine, for which any damage recoverable would be small, an accounting was waived...

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