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COOPER TEA PACKET CO. v. UNITED GROCERS' CO.

No. 4916.

46 F.2d 477 (1931)

COOPER TEA PACKET CO., Inc., v. UNITED GROCERS' CO., Inc.

District Court, E. D. New York.

January 29, 1931.

Attorney(s) appearing for the Case

Frank J. Kent, of New York City (Frank J. Kent, George Ramsey, and Charles F. Chisholm, all of New York City, of counsel), for plaintiff.

Henry R. Ashton, of New York City (William W. Dodge and Parker Dodge, both of Washington, D. C., of counsel), for defendant.

GALSTON, District Judge.

This is a patent suit brought for the alleged infringement of letters patent No. 1,629,612 issued to Cooper Tea Packet Company, Inc., as assignee of the inventor, Simon Cooper. The application was filed March 23, 1921, and the patent was issued May 24, 1927. Claims 1, 2, 3, 7, 8, 9, and 10 are in issue.

It appears that the defendants are dealers in tea bags, and their alleged infringement consists of the sale of the infringing tea...

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