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BASSICK MFG. CO. v. ADAMS GREASE GUN CORPORATION

39 F.2d 904 (1930)

BASSICK MFG. CO. v. ADAMS GREASE GUN CORPORATION (two cases).

District Court, S. D. New York.

March 25, 1930.

Attorney(s) appearing for the Case

Stephen H. Philbin, of New York City (Lynn A. Williams, of Chicago, Ill., of counsel), for plaintiff.

Kiddle, Margeson & Hornidge, of New York City (Wylie C. Margeson, of New York City, of counsel), for defendant.

THACHER, District Judge.

On motion for preliminary injunction, the question whether disclaimer of claim 12 of Gullborg patent, No. 1,307,734, was seasonably filed after the interlocutory adjudication of invalidity in Lyman Mfg. Co. v. Bassick Mfg. Co., 18 F.2d 29 (C. C. A. 6), was not fairly raised and was reserved for final hearing. The interlocutory character of the determination of invalidity is quite immaterial under the rule...

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