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OVERMAN CUSHION TIRE CO. v. GOODYEAR TIRE & RUBBER CO.

No. 463.

66 F.2d 361 (1933)

OVERMAN CUSHION TIRE CO., Inc., v. GOODYEAR TIRE & RUBBER CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 17, 1933.

Attorney(s) appearing for the Case

Charles Neave, of New York City, and F. O. Richey and B. D. Watts, both of Cleveland, Ohio, for appellant.

Robert W. Byerly, of New York City, for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The appellant has been held an infringer of patent No. 1,092,078 for an automobile tire [40 F.2d 460 (C. C. A. 2)], and the issue of damages resulting therefrom was referred to a master. The master's report was approved by the court below, which stated that the infringement had been "conscious and deliberate," and that the appellee "had been subjected to protracted, vexatious, and expensive litigation" and had...

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