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FLORIDIN CO. v. ATTAPULGUS CLAY CO.

No. 1247.

30 F.Supp. 158 (1939)

FLORIDIN CO. v. ATTAPULGUS CLAY CO. et al.

District Court, D. Delaware.

November 7, 1939.

Attorney(s) appearing for the Case

Hugh M. Morris and S. Samuel Arsht, both of Wilmington, Del., and John J. Darby, and George W. Porter (of Cushman, Darby & Cushman), both of Washington, D. C., for plaintiff.

Herbert L. Cohen, of Wilmington, Del., and Merrell E. Clark and Paul R. Ames (of Fish, Richardson & Neave), both of New York City, for defendants.

NIELDS, District Judge.

Lawrence J. Fuller was set up in defendants' answer as a prior inventor and prior user of the alleged invention of the patent in suit. In a pre-trial examination of Fuller by plaintiff he was asked to produce an application for letters patent, and all papers therein, filed by him prior to the issuance of the Hartshorne patent in suit but subsequent to the filing date of the Hartshorne patent application. The production of the application was...

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