CINCINNATI CAR CO. v. NEW YORK RAPID TRANSIT CORP.

No. 429.

66 F.2d 592 (1933)

CINCINNATI CAR CO. v. NEW YORK RAPID TRANSIT CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 1, 1933.


Attorney(s) appearing for the Case

Toulmin & Toulmin, of Dayton, Ohio, and Curtin & Glynn, of New York City (Baker, Hostetler, Sidlo & Patterson and Arthur C. Denison, all of Cleveland, Ohio, and H. A. Toulmin, Jr., of Dayton, Ohio, of counsel), for appellant.

Alfred W. Kiddle, Harry E. Knight, Herbert H. Knight, and William J. Dowd, all of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff sued the defendant for infringement of patent No. 1,501,325, issued on July 15, 1924, to Thomas Elliott, and included two others in the bill. We held the patent just mentioned, and one of the others infringed; the third, not infringed. Cincinnati Car Co. v. New York Rapid Transit Co., 35 F.2d 679. Later we suspended the injunction to allow the defendant to substitute another device.

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