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LEIBING AUTOMOTIVE DEVICES v. WILDERMUTH

No. 170.

104 F.2d 411 (1939)

LEIBING AUTOMOTIVE DEVICES, Inc., v. WILDERMUTH.

Circuit Court of Appeals, Second Circuit.

May 8, 1939.

Attorney(s) appearing for the Case

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 appellant.

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 appellee.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is a companion case to Handy Governor Corporation v. General Carburetor Sales Co., 104 F.2d 295, decided herewith; but the parties have changed sides. Here Leibing Automotive Devices, Inc., as patent owner, is the plaintiff and Handy Governor Corporation, manufacturer of the accused device, is the real defendant (and will be hereafter referred to as such), since it has assumed defense of its distributor Wildermuth...

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