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WESTCO-CHIPPEWA PUMP CO. v. DELAWARE ELECTRIC & S. CO.

Nos. 4779, 4780.

64 F.2d 185 (1933)

WESTCO-CHIPPEWA PUMP CO. v. DELAWARE ELECTRIC & SUPPLY CO. et al. DELAWARE ELECTRIC & SUPPLY CO. et al. v. WESTCO-CHIPPEWA PUMP CO.

Circuit Court of Appeals, Third Circuit.

March 17, 1933.

Attorney(s) appearing for the Case

George F. Scull, of New York City, and William G. Mahaffy, of Wilmington, Del., for plaintiff.

Arlon V. Cushman, of Washington, D. C., for defendant Decatur Co.

John J. Darby, of Washington, D. C., for defendants.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal and cross-appeal from a decree of the District Court, dismissing the complaint in a suit charging the defendants, Delaware Electric & Supply Company and Decatur Pump Company, with infringement of the reissue of United States letters patent No. 16,074, for a rotary pump, issued on May 19, 1925, to Adolph Wahle of Iowa. The original patent, No. 1,228,267, was issued to Wahle on May 29, 1917. The plaintiff was the exclusive...

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