LEAKE v. NEW YORK CENT. R. R.


28 F.Supp. 565 (1939)

LEAKE v. NEW YORK CENT. R. R.

District Court, N. D. New York.

June 12, 1939.


Attorney(s) appearing for the Case

James Gibson, of Albany, N. Y. (Clarence B. Des Jardines, of Washington, D. C., and R. Gray Williams and J. Sloan Kuykendall, both of Winchester, Va., of counsel), for plaintiff.

Whalen, McNamee, Creble & Nichols, of Albany, N. Y. (Melvin H. Coulston, of Washington, D. C., and Kenneth O. Mott-Smith, of New York City, of counsel), for defendant.


COOPER, District Judge.

This is a patent infringement suit. Plaintiff sues upon patent to Arthur G. Leake, No. 1,770,932. Application filed May 17, 1929, Patent granted July 22, 1930. Plaintiff relies upon claims 1, 6, 12, 14. The patent is for a method of strengthening structural members under load.

The alleged infringement is the use of this method by the defendant in the repairing of bridge 0229 at Oswego, generally...

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