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ANDREW GELLER SHOE MFG. CO. v. ANSONIA BOOTERY

53 F.2d 891 (1931)

ANDREW GELLER SHOE MFG. CO., Inc., v. ANSONIA BOOTERY, Inc.

District Court, S. D. New York.

May 26, 1931.

Attorney(s) appearing for the Case

Deiches, Kaufman, Feldstein & Bernson, of New York City (James Allan Bernson, of New York City, of counsel), for plaintiff.

Samuel Robert Weltz, of New York City, for defendant.

KNOX, District Judge.

In discussing the propriety of the issuance of a preliminary injunction against the infringement of an unadjudicated patent, where the validity of the letters is denied, the Court of Appeals for this circuit, in Boyce et al. v. Stewart-Warner Speedometer Corporation, 220 F. 118, 121, said: "* * * While recognizing the fact that it is not necessary that the validity of the patent should have been previously...

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