SWAN CARBURETOR CO. v. NASH MOTORS CO.

No. 4348.

98 F.2d 115 (1938)

SWAN CARBURETOR CO. v. NASH MOTORS CO.

Circuit Court of Appeals, Fourth Circuit.

July 14, 1938.


Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (F. M. Bosworth, of Cleveland, Ohio, Edwin F. Samuels, of Baltimore, Md., and Richey & Watts, of Cleveland, Ohio, on the brief), for appellant.

Merrell E. Clark, of New York City (J. Lewis Stackpole, of Boston, Mass., Charles H. Walker, of New York City, and Venable, Baetjer & Howard, of Baltimore, Md., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PER CURIAM.

This is a suit for patent infringement. Plaintiff moved to strike out the portions of the answer denying infringement by defendant's "second group" of manifolds on the ground that defendant was estopped to deny same because of proceedings had in another suit in the Sixth Circuit, the defendant being in privity with the defendant in that suit. Reeke-Nash Motors Co. v. Swan Carburetor Co., 88 F.2d 876. With its motion plaintiff...

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