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H. W. PETERS CO. v. MacDONALD

No. 422.

72 F.2d 670 (1934)

H. W. PETERS CO., Inc., v. MacDONALD et al.

Circuit Court of Appeals, Second Circuit.

August 17, 1934.

Attorney(s) appearing for the Case

Harold E. Cole, of Boston, Mass. (Harold E. Cole and Vernon W. Marr, both of Boston, Mass., of counsel), for appellant.

Melville Church, Clarence B. Des Jardins, and Henry H. Benjamin, all of Washington, D. C., for appellees.

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

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

This suit is for infringement of United States patent No. 1,570,776. We heretofore held the patent valid and infringed by the defendants [H. W. Peters Co., Inc. v. MacDonald, L. G. Balfour Co., Intervener (C. C. A.) 59 F.2d 974] in an opinion by Judge Manton, and a decree was entered on our mandate for an injunction and the usual reference as to damages and profits...

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