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UNITED SHOE MACHINERY CORPORATION v. MATHEY

No. 3622.

117 F.2d 331 (1941)

UNITED SHOE MACHINERY CORPORATION v. MATHEY.

Circuit Court of Appeals, First Circuit.

February 6, 1941.

Attorney(s) appearing for the Case

Harrison F. Lyman, of Boston, Mass. (H. L. Kirkpatrick, A. D. Salinger, and Fish, Richardson & Neave, all of Boston, Mass., on the brief), for appellant.

Richard F. Walker, of Boston, Mass. (Roberts, Cushman & Woodberry, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and PETERS, District Judge.

MAHONEY, Circuit Judge.

This is an appeal by the defendant from an interlocutory decree of the District Court holding valid and infringed claims 2, 4 and 16 of patent No. 1,807,996, applied for May 27, 1929, and issued to the plaintiff June 2, 1931, and ordering an injunction and accounting with costs. The lower court held that claim 40 was invalid, and the plaintiff did not appeal from that portion of the decision. Subsequent to the entry of judgment, the plaintiff...

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