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ECONOMY APPLIANCE CO. v. FITZGERALD MFG. CO.

No. 1878.

35 F.2d 756 (1928)

ECONOMY APPLIANCE CO. et al. v. FITZGERALD MFG. CO.

District Court, D. Connecticut.

August 1, 1928.

Attorney(s) appearing for the Case

Hans v. Briesen, of New York City (Francis V. McCarthy, of Lynn, Mass., of counsel), for plaintiffs.

Charles L. Sturtevant, of Washington, D. C. (Eugene G. Mason and Herbert H. Porter, both of Washington, D. C., of counsel), for defendant.

THOMAS, District Judge.

Economy Appliance Company and Frederick W. Collier charge the defendant with infringement of claims 2, 3, 4, 5, and 9 of letters patent No. 1,358,932. The patent was issued to the plaintiff Collier as assignor to Economy Appliance Company on November 16, 1920. The application was filed February 15, 1917. The patentee has joined with his assignee in suing the alleged infringer.

Defendant does not seriously contest validity, but argues...

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