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COMMERCIAL NOVELTY CO. v. VICTORY FIREWORKS & S. CO.

No. 4180.

92 F.2d 299 (1937)

COMMERCIAL NOVELTY CO., Inc., v. VICTORY FIREWORKS & SPECIALTY CO. et al.

Circuit Court of Appeals, Fourth Circuit.

September 28, 1937.

Attorney(s) appearing for the Case

Basel H. Brune, of Chicago, Ill. (Joshua R. H. Potts, and Eugene Vincent Clarke, both of Chicago, Ill., and William H. Hudgins, of Baltimore, Md., on the brief), for appellant and cross-appellee.

Nathan Heard, of Boston, Mass. (Frederick A. Tennant, of Boston, Mass., and William Pepper Constable, of Baltimore, Md., on the brief), for appellees and cross-appellants.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal and cross-appeal from a decree in a suit for infringement of patent No. 1,467,755, which the court below held valid and infringed by the globular toy torpedoes of defendant's manufacture, but not by its "salutes." The facts are fully stated in the lower court's opinion, which is reported in (D.C.) 16 F.Supp. 969, 974; and all of the questions presented to this court are there fully considered...

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