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STELOS CO. v. HOSIERY MOTOR-MEND CORPORATION

60 F.2d 1009 (1932)

STELOS CO., Inc., v. HOSIERY MOTOR-MEND CORPORATION et al.

District Court, S. D. New York.

March 23, 1932.

Attorney(s) appearing for the Case

Daniel Burke, of New York City (Vernon E. Hodges and Henry Gilligan, both of Washington, D. C., of counsel), for plaintiff.

Julian S. Wooster, of New York City (Julian S. Wooster and Donald Malcolm, both of New York City, of counsel), for defendants Hosiery Motor-Mend Corporation and Kayser Hosiery Motor-Mend Corporation.

Hardy, Stancliffe & Hardy, of New York City (Hugh M. Morris, of Wilmington, Del., Noah A. Stancliffe, of New York City, and Justin L. Fearing, of Wilmington, Del., of counsel), for defendant Julius Kayser & Co.

WOOLSEY, District Judge.

My judgment in this case is that the complaint must be dismissed as to all three defendants, with costs.

I. This is a suit under the patent law by the plaintiff as owner by assignment from Frank C. Stephens of patent reissue No. 16,360, reissued June 8, 1926, for the unexpired term of Stephens' patent United States No. 1,564,379, granted to him on December 8, 1925, as a result of an application filed on September 25, 1923.

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