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ART METAL WORKS v. ABRAHAM & STRAUS

No. 293.

70 F.2d 639 (1934)

ART METAL WORKS, Inc., v. ABRAHAM & STRAUS, Inc.

Circuit Court of Appeals, Second Circuit.

April 30, 1934.

Attorney(s) appearing for the Case

Ward, Crosby & Neal, of New York City (Kenneth S. Neal, Joshua Ward, and S. Mortimer Ward, Jr., all of New York City, of counsel), for appellant.

William T. Kniesner, of New York City (Robert S. Blair, William T. Kniesner, and Milton C. Weisman, all of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

The patent in suit, No. 1,673,727, for a cigar lighter, was held valid and infringed by the Evans automatic lighter and the Evans roller bearing lighter by this court, Art Metal Works, Inc., v. Abraham & Straus, Inc., 61 F.2d 122. These lighters were manufactured for the appellee by the Evans Case Company, the appellee selling to the retail trade. The Evans Case Company is openly defending this suit.

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