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ELY NORRIS SAFE CO. v. MOSLER SAFE CO.

No. 81.

62 F.2d 524 (1933)

ELY NORRIS SAFE CO. v. MOSLER SAFE CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

Warfield & Brown, of New York City (F. P. Warfield and Donald L. Brown, both of New York City, and George S. Schmidt, of York, Pa., of counsel), for plaintiff-appellant.

Henry Van Arsdale, of New York City (Drury W. Cooper, Alexander Pfeiffer, and Allan C. Bakewell, all of New York City, of counsel), for defendant-appellant.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The defendant appeals from a decree which holds United States patents No. 827,351, and No. 909,568, relating to safes, valid and infringed, and the plaintiff appeals from that part of the decree which dismissed the complaint for unfair competition resulting in loss of sales of safes. The issues of patent infringement are the usual ones of validity and infringement with the plea of laches for failure to prosecute diligently. The unfair competition...

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