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WARNER BROS. CO. v. TREO CO.

Civ. No. 674.

33 F.Supp. 741 (1940)

WARNER BROS. CO. v. TREO CO., Inc.

District Court, E. D. New York.

June 11, 1940.

Attorney(s) appearing for the Case

Merrell E. Clark and Charles H. Walker, both of New York City, for plaintiff.

Mitchell & Bechert, of New York City (Fred J. Bechert and John W. Hoag, both of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is an action for infringement of Field patent No. 1,995,801. The patent in suit was issued March 26, 1935 upon an application filed March 11, 1933 as a division of an earlier application, Serial No. 623,093, filed July 18, 1932. The patent relates to corsets or girdles of elastic fabric.

The plaintiff claims infringement of claims 1, 2, 3, 4, 5, 6, 7, 9 and 10, which read as follows:

"Claim 1. In a garment of the character...

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