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SMITH v. HALL

No. 35.

301 U.S. 216 (1937)

SMITH, EXECUTOR, v. HALL ET AL.

Supreme Court of United States.

Reargued April 5, 6, 1937.

Decided April 26, 1937.

Attorney(s) appearing for the Case

Messrs. Charles Neave and Albert L. Ely, with whom Mr. Dean S. Edmonds was on the brief, for petitioner.*

Messrs. Thomas G. Haight and Arthur E. Paige, with whom Mr. Frank E. Paige was on the brief, for respondents in No. 35.*

Mr. H.A. Toulmin, Jr., with whom Mr. H.A. Toulmin was on the brief, for respondents in No. 36.*

MR. JUSTICE STONE delivered the opinion of the Court.

These cases involve the validity of the Smith Patent No. 1,262,860, of April 16, 1918, and more particularly the question whether Smith was anticipated by the prior use of the patented invention by Hastings.

In Smith v. Snow, 294 U.S. 1 (1935), we held the patent valid and infringed. But in that case the Hastings prior...

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