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CONSOLIDATED MOTOR PARTS v. NATIONAL MOTOR BEARING CO.

No. 156.

80 F.2d 97 (1935)

CONSOLIDATED MOTOR PARTS, Inc., v. NATIONAL MOTOR BEARING CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Hoguet, Neary & Campbell, of New York City (Frank Parker Davis and Albert J. Fihe, both of Chicago, Ill., of counsel), for appellant.

Frederick S. Duncan, of New York City (J. L. Stackpole, of Boston, Mass., and Charles S. Wheeler, Jr., and A. Donham Owen, both of San Francisco, Cal., of counsel), for appellee.

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

MANTON, Circuit Judge.

The decree appealed from held appellee's reissue patent No. 15,061, granted March 15, 1921, for an oil retainer, valid and infringed. The patent was a reissue of an original issue of January 14, 1919.

Appellant is a dealer selling products made by the Victor Manufacturing & Gasket Company, the manufacturer of the alleged infringing articles, and the latter is defending this suit. The principal defense is noninfringement. Another...

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