FINUCANE v. SWIMMER


45 F.2d 798 (1930)

FINUCANE v. SWIMMER et al.

District Court, E. D. New York.

January 23, 1930.


Attorney(s) appearing for the Case

Moses & Nolte, Albert C. Nolte, and James N. Catlow, all of New York City, for plaintiff.

Hoguet & Neary, Daniel L. Morris, and M. S. Rupert, all of New York City, for defendants.


SLICK, District Judge.

Plaintiff sues defendants and alleges infringement of patent No. 1,676,485 for a leader-pipe strap, and prays for an injunction and accounting. The patent sued on was granted to plaintiff July 10, 1928.

Defendants claim, first, that plaintiff is estopped to claim a patent on a one-piece strap because in the Patent Office he waived this claim or acquiesced in a ruling disallowing the same; second, that the patent in suit is invalid, ...

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