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LEAKE v. NEW YORK CENT. R. CO.

No. 195.

110 F.2d 166 (1940)

LEAKE v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

March 4, 1940.

Attorney(s) appearing for the Case

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

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

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

CHASE, Circuit Judge.

This is a suit in the usual form in which claims 1, 6, 12 and 14 of U. S. Patent No. 1,770,932 granted on July 22, 1930, on his application filed May 17, 1929, to Arthur G. Leake for a Method of Strengthening Structural Members Under Load were held valid and claims 6, 12 and 14 were held infringed by the defendant. An injunction was granted to restrain continued infringement and the cause was referred to a master for an accounting. The defendant...

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