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CATERPILLAR TRACTOR CO. v. INTERNATIONAL HARVESTER CO.

32 F.Supp. 304 (1940)

CATERPILLAR TRACTOR CO. v. INTERNATIONAL HARVESTER CO.

District Court, D. New Jersey.

March 9, 1940.

Attorney(s) appearing for the Case

McCarter & English, Conover English, and William H. Campbell, Jr. (substituted atty.), all of Newark, N. J. (Charles M. Fryer and A. C. Aurich, both of San Francisco, Cal., of counsel), for plaintiff.

Lindabury, Depue & Faulks, and Josiah Stryker, all of Newark, N. J. (George L. Wilkinson and William S. Elliott, both of Chicago, Ill., of counsel), for defendant.

CLARK, District Judge.

There is an air of disturbing unreality about the case at bar. Plaintiff and defendant are rival tractor manufacturers. They have since January, 1931, disagreed over the infringement of certain of plaintiff's patents by certain of defendant's constructions. The dispute was and is genuine, but the same cannot be said for the manner of its litigation.

Fortuitously and in the spring of 1931, Reinharts, Inc., a small Nevada dealer, sold...

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