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PHILADELPHIA & READING C. & I. CO. v. DELAWARE, L. & W. C. CO.

No. 6102.

88 F.2d 391 (1937)

PHILADELPHIA & READING COAL & IRON CO. v. DELAWARE, LACKAWANNA & WESTERN COAL CO.

Circuit Court of Appeals, Third Circuit.

February 17, 1937.

Attorney(s) appearing for the Case

Wm. Clarke Mason, of Philadelphia, Pa. (Alexander C. Neave and Charles H. Walker, both of New York City, of counsel), for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (W. Brown Morton and Ernest H. Merchant, both of New York City, and Wm. Steell Jackson & Son, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and MARIS, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the plaintiff, assignee of patent No. 1,748,335, to Eliot Farley and Nathaniel R. Landon, for method of treating coal and product thereof, brought suit against the defendant charging infringement of the five claims thereof. That court held the fifth claim, to wit, the method of restoring the luster and improving appearance of discolored coal, which comprises treating it with oxalic acid, valid and infringed. Thereupon...

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