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ELEVATOR SUPPLIES CO., v. GRAHAM & NORTON CO.

No. 4250.

44 F.2d 354 (1930)

ELEVATOR SUPPLIES CO., Inc., v. GRAHAM & NORTON CO.

Circuit Court of Appeals, Third Circuit.

October 3, 1930.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City, E. E. Berl, of Wilmington, Del., and Darby & Darby, of New York City, for appellant.

Virgil C. Kline, Clifton V. Edwards, and Henry C. Townsend, all of New York City, and Wm. G. Mahaffy, of Wilmington, Del., for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and SCHOONMAKER, District Judge.

WOOLLEY, Circuit Judge.

The bill charged the defendant with infringing certain claims of Letters Patent No. 1,587,007 issued to Clifford Norton and others, and of Letters Patent No. 1,565,143 issued to Harold J. Fear. The defenses pleaded were invalidity and non-infringement but the case was tried on the issue of infringement within the scope of the claims. The court, having restricted the claims and having found the defendant had not infringed them, dismissed the...

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