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SMOKADOR MFG. CO. v. TUBULAR PRODUCTS CO.

No. 237.

31 F.2d 255 (1929)

SMOKADOR MFG. CO., Inc., v. TUBULAR PRODUCTS CO.

Circuit Court of Appeals, Second Circuit.

March 4, 1929.

Attorney(s) appearing for the Case

Mitchell & Bechert, of New York City (John P. Bartlett and George H. Mitchell, both of New York City, of counsel), for appellant.

Gifford & Scull, of New York City (George F. Scull, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The complainant has for some time been engaged in the commercial development of ash stands which rest on the floor and have an ash tray at a point within convenient reach of the user, and a vertical tube attached to it for the purpose of conducting the ashes, burnt matches, and cigar stubs into a waste-receiving receptacle in the lower part of the stand.

The first of these smoker's stands, called the "Rock-a-by," or "Roly-Poly...

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