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HANDY GOVERNOR CORP. v. GENERAL CARBURETOR S. CO.

No. 161.

104 F.2d 295 (1939)

HANDY GOVERNOR CORPORATION v. GENERAL CARBURETOR SALES CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 8, 1939.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (George F. Scull, of New York City, Harold F. Watson, of Washington, D. C., and H. H. Hamilton, of New York City, of counsel), for plaintiff.

Ward, Crosby & Neal, of New York City (William A. Strauch, James A. Hoffman, and Rex P. Mulligan, all of Washington, D. C., of counsel), for defendant.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is a patent infringement suit, presenting the usual issues of invalidity and non-infringement. The plaintiff, Handy Governor Corporation, is the owner by assignment of the three patents in suit. The nominal defendant is a distributor in Brooklyn of the accused device, which is manufactured by Leibing Automotive Devices, Inc., a Michigan corporation. The latter openly assumed defense of the suit and will hereafter be called the defendant....

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