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STROMBERG MOTOR DEVICES CO. v. ZENITH DETROIT CORP.

60 F.2d 1074 (1932)

STROMBERG MOTOR DEVICES CO. v. ZENITH DETROIT CORPORATION

District Court, S. D. New York.

July 22, 1932.

Attorney(s) appearing for the Case

Seward Davis, of New York City (W. B. Kerkham, of Washington, D. C., and Charles A. Brown, of Chicago, Ill., of counsel), for plaintiff.

Gifford, Scull & Burgess, of New York City (Walter E. Oxtoby, of Detroit, Mich., and Earle L. Parmelee, of Pittsburgh, Pa., of counsel), for defendant.

COXE, District Judge.

This case arises on exceptions to a master's report in a patent accounting. The patent involved is the Mock patent, No. 1,404,879, for a carburetor, which issued January 31, 1922, and was held valid and infringed as to claim 4 by the Circuit Court of Appeals in Stromberg Motor Devices Co. v. Zenith-Detroit Corp'n, 25 F.2d 567.

On the accounting, the plaintiff claimed profits only, and, after prolonged...

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