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DOCK & TERMINAL ENGINEERING CO. v. PENNSYLVANIA R. CO.

No. 5757.

82 F.2d 19 (1936)

DOCK & TERMINAL ENGINEERING CO. et al. v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Third Circuit.

February 7, 1936.

Attorney(s) appearing for the Case

Brown & Williams, of Philadelphia, Pa. (William J. Wesseler, of Cleveland, Ohio, and George Rex Frye, of Detroit, Mich., of counsel), for appellants.

Fraley & Paul, of Philadelphia, Pa. (Henry N. Paul and Henry N. Paul, Jr., both of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below suit was entered against the Pennsylvania Railroad Company (hereafter called railroad) by the owners of patent No. 1,089,405 (hereafter called patentees), applied for March 5, 1909, and granted March 10, 1914, to William S. Ferguson, for reinforced concrete dock or pier. The suit was begun March 3, 1931, one week before the expiration of the patent and some twelve years after the alleged infringement by railroad came to...

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