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H. W. PETERS CO. v. MacDONALD

No. 431.

59 F.2d 974 (1932)

H. W. PETERS CO., Inc., v. MacDONALD (L. G. BALFOUR CO., Intervener).

Circuit Court of Appeals, Second Circuit.

June 13, 1932.

Attorney(s) appearing for the Case

Harold E. Cole, of Boston, Mass. (Vernon W. Marr, of Boston, Mass., of counsel), for appellant.

D. Lewis Mattern, of Bridgeport, Conn. (D. Lewis Mattern, of Bridgeport, Conn., and H. H. Benjamin, of Washington, D. C., of counsel), for defendant-appellee and intervener-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit is for infringement of patent No. 1,570,776, issued January 26, 1926. Prior to this suit, the patent was assigned to appellant. It is for a finger ring having a stone and emblem above the stone. It has had a very marked commercial success; its sale being principally to school and college students.

Theretofore drilled stone rings were made, consisting of a piece of gold, which was bent around to the shape of the finger ring...

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