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CONTRACTING DIVISION, ETC. v. NEW YORK LIFE INS. CO.

No. 314.

113 F.2d 864 (1940)

CONTRACTING DIVISION, A. C. HORN CORPORATION, v. NEW YORK LIFE INS. CO. et al.

Circuit Court of Appeals, Second Circuit.

August 5, 1940.

Attorney(s) appearing for the Case

Harry H. Bottome, of New York City (John F. Ryan, Mendes Hershman, and S. A. Demma, all of New York City, of counsel), for appellant.

Darby & Darby, of New York City (Louis D. Fletcher, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

The present litigation was initiated in December, 1937, by the filing of a complaint by Contracting Division, A. C. Horn Corporation, charging New York Life Insurance Company, and a contractor employed by it, with infringing the plaintiff's patent No. 1,909,763 for a method of waterproofing masonry; the relief sought was an injunction and accounting. Both defendants filed answers and the Insurance Company...

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