TINIUS OLSEN TESTING MACH. CO. v. BALDWIN-SOUTHWARK CORP.

Nos. 9963, 8359.

25 F.Supp. 885 (1938)

TINIUS OLSEN TESTING MACH. CO. v. BALDWIN-SOUTHWARK CORPORATION. BALDWIN-SOUTHWARK CORPORATION v. TINIUS OLSEN TESTING MACH. CO.

District Court, E. D. Pennsylvania.

October 20, 1938.


Attorney(s) appearing for the Case

Leon Edelson and Robert M. Barr, both of Philadelphia, Pa., for Tinius Olsen Testing Mach. Co.

William Clarke Mason, Morgan Lewis & Bockius, and Edward A. Hathaway, all of Philadelphia, Pa., and Clifton V. Edwards and Edwards, Bower & Pool, all of New York City, for Baldwin Southwark Corporation.


KIRKPATRICK, District Judge.

In a patent infringement case tried in this Court, Baldwin's patent No. 1,848,468, was adjudged valid and infringed by a machine manufactured by Olsen, which has been referred to as the New York State highway machine. The accounting was referred to a master, and in the course of it it developed that Olsen had manufactured and sold certain other machines, which need not be described beyond saying that they are in general the same type of...

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