TOLEDO PRESSED STEEL CO. v. MONTGOMERY, WARD & CO.

No. 54.

99 F.2d 806 (1938)

TOLEDO PRESSED STEEL CO. v. MONTGOMERY, WARD & CO.

Circuit Court of Appeals, Second Circuit.

November 7, 1938.


Attorney(s) appearing for the Case

Darby & Darby, of New York City (Samuel E. Darby, Jr., of New York City, and Wilber Owen, of Toledo, Ohio, of counsel), for plaintiff.

Anthony William Deller, of New York City (Carl V. Wisner, Jr., of Chicago, Ill., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

This suit is for infringement of patent No. 1,732,708 granted October 22, 1929, on an application filed December 26, 1928 for a kerosene burning construction torch. Claims 2, 5, 11 and 121 are sued on.

This torch is used as a warning signal on streets to make known obstructions on the highway. The patent states: "This invention relates to street torches, such as are commonly used for illuminating road obstructions...

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