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CONSUMERS' TOBACCO CO. v. AMERICAN TOBACCO CO.

No. 5112.

66 F.2d 926 (1933)

CONSUMERS' TOBACCO CO. v. AMERICAN TOBACCO CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 18, 1933.

Attorney(s) appearing for the Case

Edwin J. Prindle, of New York City (Jacob Basseches, of New York City, of counsel), for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (William H. Davis and George E. Faithfull, both of New York City, of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

We are of opinion this patent is not infringed. Whatever the process of Benjamin, the patentee, was, it was to be used for two purposes, first, the curing, and, second, the dehydration, of tobacco. The defendant buys from farmers cigarette tobacco which the latter has already cured and dehydrated. Its condition is such that it can be safely packed in hogsheads and kept for two or three years. If the farmer had not dehydrated the tobacco...

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