DUFFY, District Judge.
Defendant was the owner of the original Leins Patent No. 1,958,482, issued May 15, 1934, covering a magnetic switch. The plaintiff is the manufacturer of a thermostatically actuated, magnetically operated electric switch, sold under the trade-mark "Sensatherm." On March 16, 1938, the defendant wrote to the plaintiff that the Mercoid catalogue sheets of August, 1935, show a Mercoid "Sensatherm" which employs Mercoid Switch No. 9-81, and was an...
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