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TIPP FIREWORKS CO. v. VICTORY SPARKLER & SPECIALTY CO.

No. 4947.

66 F.2d 955 (1933)

TIPP FIREWORKS CO. et al. v. VICTORY SPARKLER & SPECIALTY CO.

Circuit Court of Appeals, Third Circuit.

September 19, 1933.

Attorney(s) appearing for the Case

C. C. Keedy, of Wilmington, Del., and H. A. Toulmin, Jr., and H. A. Toulmin, Sr., both of Washington, D. C., for appellants.

John Pearce Cann, of Wilmington, Del., and Charles S. Grindle, of Washington, D. C., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This suit is brought by the Tipp Fireworks Company, as exclusive licensee, and Henry B. Faber and Louis L. Driggs, Jr., the owners of the patent, against the Victory Sparkler & Specialty Company for infringe ment of letters patent No. 1,785,770, for an aerial toy in the field of pyrotechnics. Claims 1, 2, 3, and 8 of the patent are in issue. The District Judge dismissed the bill of complaint after full consideration, on the ground that the...

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