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MARCALUS MFG. CO. v. AUTOMATIC PAPER MACH. CO.

No. 7191.

110 F.2d 304 (1940)

MARCALUS MFG. CO. et al. v. AUTOMATIC PAPER MACH. CO., Inc.

Circuit Court of Appeals, Third Circuit.

February 23, 1940.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (George E. Middleton, of New York City, of counsel), for plaintiff-appellee.

Thomas G. Haight and Frederic W. Schumann, both of Jersey City, N. J., for defendants.

Before BIGGS, MARIS, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

The appellee, Automatic Paper Machinery Company, Inc., has sued the appellants, Marcalus Manufacturing Company, Inc., and Nicholas Marcalus, charging them with infringement of claims 1 and 2 of United States Patent No. 1,630,495, for a box for paper rolls. Marcalus had invented certain improvements in a box for paper rolls, had filed his application describing the invention in the Patent Office on October 2, 1925, and thereafter assigned the...

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