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BASSICK MFG. CO. v. ADAMS GREASE GUN CORPORATION

Nos. 142, 143.

54 F.2d 285 (1931)

BASSICK MFG. CO. v. ADAMS GREASE GUN CORPORATION.

Circuit Court of Appeals, Second Circuit.

On Motion to Recall and Modify Mandate December 1, 1931.

Attorney(s) appearing for the Case

Lynn A. Williams, of Chicago, Ill. (Stephen H. Philbin and Fish, Richardson & Neave, all of New York City, and Williams, Bradbury, McCaleb & Hinkle, of Chicago, Ill., of counsel), for plaintiff.

Alfred W. Kiddle, Wylie C. Margeson, and Henry T. Hornidge, all of New York City, for defendant.

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

PER CURIAM.

Upon petition for rehearing with respect to claims 14 and 15 of Gullborg patent, No. 1,307,734, Adams Grease Gun Corporation has insisted that purchasers from the plaintiff of Alemite pin fittings, separately patented under Gullborg patent, No. 1,307,733, have an implied license to use them in the only way possible, namely, in the patented combination, and that the seller is estopped to assert the contrary and to charge defendant with contributory infringement...

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