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SAMUEL M. LANGSTON CO. v. CONTINENTAL CONTAINER CORP.

No. 154.

80 F.2d 847 (1936)

SAMUEL M. LANGSTON CO. v. CONTINENTAL CONTAINER CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Knight Brothers, of New York City (Kenneth S. Neal, of New York City, of counsel), for appellant.

Dean, Fairbank, Hirsch & Foster, of New York City (Clair W. Fairbank and S. A. Demma, both of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

The plaintiff is owner by assignment of the patent in suit which it is alleged has been infringed by the use by the defendant in the Eastern District of New York of a machine manufactured by George W. Swift, Jr., Inc. The manufacturer is defending this action.

The patent relates to a cutter with its operating and adjusting gears so designed that it will cut off varying lengths of moving material without causing buckling or tearing. The...

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