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WINGET KICKERNICK CO. v. SIL-O-ETTE UNDERWEAR CORP.

No. 316.

89 F.2d 635 (1937)

WINGET KICKERNICK CO. et al. v. SIL-O-ETTE UNDERWEAR CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 19, 1937.

Attorney(s) appearing for the Case

Drury W. Cooper, William S. Gluck, Thomas J. Byrne, and Leon H. Amdur, all of New York City, for appellant.

Frank A. Whiteley, of Minneapolis, Minn., for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This case arises on an appeal by the defendant from a decree upon the usual bill in equity for the infringement of claims 1, 2, and 5 of patent No. 1,389,067, and of claims 1 and 4 of reissue patent No. 17,903. In Winget Kickernick Company v. Kenilworth Mfg. Co., 11 F.2d 1, we held the same claims of the first patent valid and infringed, and for the purposes of this appeal we shall again assume that they are...

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