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NEW YORK BRICK HANDLING CORP. v. JOHN P. CALLAGHAN, INC.

No. 4648.

57 F.2d 135 (1932)

NEW YORK BRICK HANDLING CORPORATION v. JOHN P. CALLAGHAN, Inc.

Circuit Court of Appeals, Third Circuit.

March 1, 1932.

Attorney(s) appearing for the Case

C. P. Goepel, of New York City, Charles R. Fenwick and Joseph Dugan, both of Washington, D. C., and W. Holt Apgar, of Trenton, N. J., for appellant.

Munn, Anderson, Stanley, Foster & Liddy, of New York City, and Arthur T. Vanderbilt, of Newark, N. J. (Samuel W. Foster, Sylvester J. Liddy, and Albert J. Clark, all of New York City, of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court dismissing the bill of complaint on the ground that the defendant did not infringe the plaintiff's letters patent No. 1,192,504, issued July 25, 1926, relating to brick lifters.

The validity of the patent was not adjudicated and infringement alone is involved here.

The plaintiff's device is a lifter designed to move, in one operation, a stack of bricks, such as a wagon load...

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