HERZ STRAW CO. v. SMITH

No. 404.

52 F.2d 32 (1931)

HERZ STRAW CO., Inc., v. SMITH et al.

Circuit Court of Appeals, Second Circuit.

July 24, 1931.


Attorney(s) appearing for the Case

Emery, Booth, Varney & Whittemore, of New York City (Lucius E. Varney and Nichol M. Sandoe, both of New York City, of counsel), for appellant.

Fritz Ziegler, Jr., of New York City, for appellees.

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


L. HAND, Circuit Judge.

The patented machine makes drinking straws of paper, rolled upon a mandrel and gummed, forming a continuous tubing of the required bore, which it is necessary to cut into lengths. As it leaves the mandrel the tube is fragile and without support, save its own rigidity. It is therefore necessary that to sever it any cut must be of great enough speed to allow the mere inertia of the material to withstand...

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