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ELLIOTT ADDRESSING MACH. CO. v. WALLACE ADDRESSING MACH. CO.

No. 379.

43 F.2d 949 (1930)

ELLIOTT ADDRESSING MACH. CO. et al. v. WALLACE ADDRESSING MACH. CO. Inc.

Circuit Court of Appeals, Second Circuit.

July 28, 1930.

Attorney(s) appearing for the Case

E. Clarkson Seward, C. P. Goepel, and W. Saxton Seward, all of New York City, for appellant.

B. W. B. Brown, of New York City (William Nevarre Cromwell and S. Michael Pineles, both of Chicago, Ill., of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff Elliott is the exclusive licensee for addressing machine use of Fuller patent, No. 1,101,268, owned by the plaintiff A. B. Dick Company. This patent is for a stencil sheet, and its validity has already been sustained. A. B. Dick Co. v. Underwood Typewriter Co., Inc. (D. C.) 246 F. 309, affirmed (C. C. A.) 252 F. 990 and A. B. Dick Co. v. Barnett (D. C.) 287 F. 573, affirmed (C. C. A.) 288 F. 799. The issue in this suit is confined...

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