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JULIUS LEVINE & CO. v. AUTOMATIC PAPER MACHINERY CO.

No. 4916.

63 F.2d 547 (1933)

JULIUS LEVINE & CO. (MENASHA PRODUCTS CO., Intervener) v. AUTOMATIC PAPER MACHINERY CO., Inc.

Circuit Court of Appeals, Third Circuit.

February 15, 1933.

Attorney(s) appearing for the Case

Alexander Mabee, of Chicago, Ill., Duell, Dunn & Anderson, of New York City, and Charles W. Hills, Jr., of Chicago, Ill., for appellants.

George E. Middleton, of New York City (Pennie, Davis, Marvin & Edmonds, of New York City, of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

This suit for infringement was brought by the Automatic Paper Machinery Company, assignee and patentee of Letters Patent No. 1,630,495, granted May 31, 1927, for a "Box for Paper Rolls." The bill was filed against Julius Levine & Company, a dealer in alleged infringing boxes, but, after intervening, the suit was defended by the Menasha Products Company, the maker, on issues of invalidity because of anticipation, lack of invention, aggregation...

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