PENNINGTON ENGINEERING CO. v. HOUDE ENGINEERING CORP.

No. 2280.

43 F.Supp. 698 (1941)

PENNINGTON ENGINEERING CO. v. HOUDE ENGINEERING CORPORATION.

District Court, W. D. New York.

On Rehearing December 16, 1941.


Attorney(s) appearing for the Case

Luther Day, Leslie Nichols, and Ray S. Gehr, all of Cleveland, Ohio, and Max D. Farmer, of Buffalo, N. Y., for plaintiff.

Carlton Hill and Charles W. Hills, Jr., both of Chicago, Ill., and Harold I. Popp, of Buffalo, N. Y., for defendant.


KNIGHT, District Judge.

The complaint alleges two causes of action: one based on breach of confidence in that the defendant manufactured shock absorbers embodying plaintiff's invention after the confidential disclosure of such invention to the defendant; the other for patent infringement. Since liability on the first cause of action depends upon liability upon the second, the question of infringement will be first considered.

The complaint alleges infringement...

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