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DIXIE-VORTEX CO. v. LILY-TULIP CUP CORPORATION

No. 212.

95 F.2d 461 (1938)

DIXIE-VORTEX CO. v. LILY-TULIP CUP CORPORATION.

Circuit Court of Appeals, Second Circuit.

As Modified on Denial of Reargument April 1, 1938.

Attorney(s) appearing for the Case

Edmund Quincy Moses, of New York City (Joseph H. Milans, of Washington, D. C., and Edmund Quincy Moses, of New York City, of counsel), for plaintiff-appellant.

Hans v. Briesen and Milton C. Weisman, both of New York City, for defendant-appellant.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit for infringement of the Wessman and Stone patent, No. 1,766,420, issued June 24, 1930, resulted in a decree holding 6 claims (76, 77, 149, 150, 156, 165), out of 26 sued on, valid and infringed; 20 were found either invalid or not infringed. The decree also held the Johnson design patent, No. 74,793, invalid; plaintiff's copyright K, No. 16,169, invalid; the registered trademark No. 301,390...

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