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SAMSON-UNITED CORPORATION v. EMANUEL

No. 216.

109 F.2d 922 (1940)

SAMSON-UNITED CORPORATION v. EMANUEL et al.

Circuit Court of Appeals, Second Circuit.

February 26, 1940.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (W. Brown Morton and Raymond B. Canfield, both of New York City, of counsel), for plaintiff-appellant.

Roland A. Anderson, of New York City (Nathan Heard and Frederick A. Tennant, both of Boston, Mass., of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff sued a merchant who sold electric fans in the Southern District of New York which were alleged to infringe claims of U. S. Patent No. 2,095,223, granted to it, as assignor, on October 5, 1937 and which it now owns. The manufacturer of the fans, Signal Manufacturing Co. Inc., intervened and assumed the defense. As the parties have stipulated to that effect, we now will dispose of the appeal as if the order denying the preliminary...

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