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ECLIPSE MACH. CO. v. E. KRIEGER & SON

No. 179.

87 F.2d 755 (1937)

ECLIPSE MACH. CO. v. E. KRIEGER & SON, Inc.

Circuit Court of Appeals, Second Circuit.

February 8, 1937.

Attorney(s) appearing for the Case

W. B. Kerkam, L. H. Sutton, and R. H. Hudson, all of Washington, D. C., and Thomas J. Byrne, of New York City, for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds and George E. Faithfull, both of New York City, and Roy H. Olson and John A. Marzall, both of Chicago, Ill., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The patents sued on, to Kennington No. 1,527,588, granted February 24, 1925, for gearing for starting internal combustion engines, and to Bergmann No. 1,254,196, granted January 22, 1918, for automatic clutching or starting device, were held invalid.

The patent to Kennington was held invalid in view of the prior invention by Bendix, Vogtland, and Bijur. This patent is for an automobile engine starter of the mesh and demesh type with...

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