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PLANT PRODUCTS CO. v. CHARLES H. PHILLIPS CHEMICAL CO.

16 F.Supp. 553 (1936)

PLANT PRODUCTS CO. v. CHARLES H. PHILLIPS CHEMICAL CO., Inc.

District Court, S. D. New York.

October 16, 1936.

Attorney(s) appearing for the Case

Ambrose Selig, of New York City (Hull, Brock & West, William E. Chilton, William H. Brown, and Jack B. Dworken, all of Cleveland, Ohio, of counsel), for plaintiff.

Watson, Bristol, Johnson & Leavenworth, of New York City (Edward S. Rogers, David A. Woodcock, and C. P. Bauer, all of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

My judgment in this cause is that there must be a decree dismissing the complaint, with costs.

I. This is a patent cause, brought by the plaintiff company as assignee, based on claims 1 and 3 of United States patent No. 1,694,341, granted on December 4, 1928, to Frank Crossley, of Cleveland, Ohio, as assignor to James E. Plant of the same city, in pursuance of an application filed January 6, 1927.

The patent is for a magnesium...

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