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METROPOLITAN DEVICE CORP. v. CLEVELAND E. ILLUMINATING CO.

No. 5132.

36 F.2d 477 (1929)

METROPOLITAN DEVICE CORPORATION v. CLEVELAND ELECTRIC ILLUMINATING CO.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1929.

Attorney(s) appearing for the Case

D. Anthony Usina, of New York City (Richey & Watts, of Cleveland, Ohio, and Benjamin T. Rauber, of New York City, on the brief), for appellant.

John B. Hull, of Cleveland, Ohio (Chas. E. Brock and Hull, Brock & West, all of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

HICKS, Circuit Judge.

Suit for infringement of claims Nos. 3 and 41 of Torchio Patent No. 1,172,322, granted February 22, 1916, for a protective device for electric cable joints. The defenses were: (1) Lack of invention; (2) anticipation; and (3) noninfringement. The bill was dismissed for lack of invention. The court disregarded a disclaimer2 filed four days before...

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