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CIRCLE F. MFG. CO. v. LEVITON

No. 39.

93 F.2d 273 (1937)

CIRCLE F. MFG. CO. v. LEVITON MFG. CO.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (George F. Scull and H. H. Hamilton, both of New York City, of counsel), for appellant.

David P. Wolhaupter and Emory L. Groff, both of Washington, D. C. (Harry B. Rook, of Newark, N. J., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is a suit for infringement of patent No. 1,931,621 issued October 24, 1933, to Carl M. Petersen, assignor to the plaintiff. The patent is for a "Fixture Switch" for electric lighting fixtures. It is of the type known as an outside canopy switch, which means that the switch mechanism is outside instead of inside the wall-plate or fixture "canopy," upon which the switch is to be mounted. The plaintiff's commercial embodiment of the alleged...

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