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CHIPMAN CHEMICAL ENGINEERING CO. v. READE MFG. CO.

No. 4905.

62 F.2d 430 (1932)

CHIPMAN CHEMICAL ENGINEERING CO., Inc., v. READE MFG. CO., Inc.

Circuit Court of Appeals, Third Circuit.

December 20, 1932.

Attorney(s) appearing for the Case

Nathan, Bowman & Helferich, of New York City (Albert F. Nathan, Border Bowman, and Elmer Helferich, all of New York City, of counsel), for appellant.

Lewis J. Doolittle, of New York City, for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

The plaintiff charged infringement of Chipman's patent (No. 1,694,205) for a weed killer and method of killing weeds. Claims 3, 4, 6, 7, 8, 9 and 10 were in suit before the District Court which held claim 7 valid and infringed and dismissed the bill as to the remaining claims.

The plaintiff took this appeal from that part of the decree dismissing the bill as to certain claims; the defendant, suffering a delay and therefore not being...

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