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HERSHKOWITZ v. GORDON

46 F.2d 701 (1930)

HERSHKOWITZ et al. v. GORDON.

District Court, S. D. New York.

August 13, 1930.

Attorney(s) appearing for the Case

Bernard F. Garvey, of Washington, D. C., for plaintiffs.

Robert B. Killgore, of New York City, for defendant.

BONDY, District Judge.

The evidence establishes beyond a reasonable doubt that, if patent No. 76,479, for a design of trimming braid, issued to the plaintiffs October 2, 1928, is valid, it has been infringed by the defendant.

In his answer as amended by stipulation, the defendant alleges that the invention was known to and used by the Mutual Trimming Company, Inc., and the Consolidated Trimming Company, Inc., and many others, before the filing of the application...

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