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RICHARD IRVIN & CO. v. WESTINGHOUSE AIR BRAKE CO.

No. 219.

121 F.2d 429 (1941)

RICHARD IRVIN & CO., Inc., v. WESTINGHOUSE AIR BRAKE CO. et al.

Circuit Court of Appeals, Second Circuit.

July 9, 1941.

Attorney(s) appearing for the Case

Border Bowman, of New York City, for appellants.

Henry R. Ashton, of New York City (A. M. Wiggins, of Pittsburgh, Pa., of counsel), for appellees.

Before L. HAND and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

It is clear that the defendant does not infringe the only claim in suit, No. 10. In the first place the purpose of the only parts of the A. B. Brake which are alleged to infringe was quite different. Heiniger's pressure retaining valve was designed to keep pressure in the brake cylinder while pressure in the auxiliary reservoir was being built up. In the defendant's brake an emergency application — in which phase alone the A. B. Brake is supposed...

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