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HANDY v. AMERICAN FLYER MFG. CO.

44 F.2d 633 (1930)

HANDY et al. v. AMERICAN FLYER MFG. CO.

District Court, S. D. New York.

September 18, 1930.

Attorney(s) appearing for the Case

Joel B. Liberman, of New York City (John M. Cole, Walton Harrison, and George F. Scull, all of New York City, of counsel), for plaintiffs.

Robert B. Killgore, of New York City (David P. Wolhaupter, of Washington, D. C., of counsel), for defendant.

COXE, District Judge.

This is a patent infringement suit involving patent No. 1636416 to L. Gessford Handy for "Track for Toy Electric Trains." The application was filed November 19, 1921, and the patent issued July 19, 1927. Claims 2, 3, and 5 only are in issue.

The plaintiff Handy is the patentee and owner of the patent, and the plaintiff Lionel Corporation is the exclusive licensee, under a license granted September 22, 1926, by which Handy receives a royalty...

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