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UNITED KINGDOM OPTICAL CO. v. AMERICAN OPTICAL CO.

No. 2837.

68 F.2d 637 (1934)

UNITED KINGDOM OPTICAL CO., Limited, et al. v. AMERICAN OPTICAL CO. et al.

Circuit Court of Appeals, First Circuit.

January 3, 1934.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin, of Dayton, Ohio, and Irwin McD. Garfield and Warren, Garfield, Whiteside & Lamson, all of Boston, Mass., on the brief), for appellants.

Harrison F. Lyman, of Boston, Mass. (Charles Neave, of New York City, and C. E. Hammett, Jr., and Fish, Richardson & Neave, all of Boston, Mass., on the brief), for appellees.

Before WILSON and MORTON, Circuit Judges, and LETTS, District Judge.

MORTON, Circuit Judge.

This is a suit to restrain infringement of patent No. 1,729,654 to Watson and Culver for a method of making bifocal lenses. The patent is dated October 1, 1929, on an application filed February 26, 1927. The defendants denied validity and infringement, and counterclaimed against the plaintiffs in respect of certain advertising matter put out by the plaintiffs pending the litigation. In the court below there were findings and a decree for the...

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