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WALLACE & TIERNAN CO. v. CITY OF SYRACUSE

No. 89.

45 F.2d 693 (1930)

WALLACE & TIERNAN CO., Inc., v. CITY OF SYRACUSE et al.

Circuit Court of Appeals, Second Circuit.

December 5, 1930

Attorney(s) appearing for the Case

Frank P. Malpass, of Syracuse, N. Y. (B. W. Henderson, of New York City, of counsel), for appellant.

Wood, Molloy & France, of New York City, and George E. Rendell, of Utica, N. Y. (Loren N. Wood, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Wallace & Tiernan, as exclusive licensee of a patent for a process for purifying water, sued the city of Syracuse for infringement, and got an interlocutory decree referring the damages to a master. The city had used the patent in two installations, one at its city water supply, and the other at a swimming pool at one of its public schools. All the apparatus in question installed at the water supply was necessary to practice the process...

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