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NERNEY v. NEW YORK, N. H. & H. R. CO.

No. 345.

83 F.2d 409 (1936)

NERNEY v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

May 4, 1936.

Attorney(s) appearing for the Case

W. L. Barnett, of New Haven, Conn., and J. Carter Fort, of Washington, D. C., for appellant.

Edwin D. Nerney (John B. Hayward and Robert S. Blair, both of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

The patent in suit No. 1,665,862 relates to a hand brake used on railroad cars. Heretofore a decree had been entered after a defense conducted by the Ajax Handbrake Company, enjoining the appellant from the infringement of this patent. The appellant then had fifteen thousand cars equipped with the Ajax brakes, and the court found these infringed. An appeal was taken from the original decree, but was dismissed upon a licensing agreement reached...

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