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TURNER DOCK TRANSFER CO. v. TERMINAL ENGINEERING CO.

No. 128.

94 F.2d 79 (1938)

TURNER DOCK TRANSFER CO., Inc., v. TERMINAL ENGINEERING CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 10, 1938.

Attorney(s) appearing for the Case

Morgan, Finnegan & Durham, of New York City (John D. Morgan and Hobart N. Durham, both of New York City, of counsel), for appellant.

Moses & Nolte, of New York City, for defendant.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree, dismissing a bill in equity to enjoin infringement of Patent, No. 1,996,458, issued to Andrew J. Clancy. The district judge found that the invention had been anticipated by a prior use, and that the claims were invalid for that reason; we agree, and shall confine our discussion to that issue. The invention was of a crane, mounted on a motor car, an A-shaped boom being pivoted at either side of the chassis and...

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