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TREEMOND CO. v. SCHERING CORPORATION

No. 7684.

122 F.2d 702 (1941)

TREEMOND CO. v. SCHERING CORPORATION.

Circuit Court of Appeals, Third Circuit.

September 3, 1941.

Attorney(s) appearing for the Case

Harry Price, of New York City, for appellant.

Fred A. Klein, of New York City (Briesen & Schrenk and Henry C. Quigley, Jr., of New York City, on the brief), for appellee.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

CLARK, Circuit Judge.

Some District Courts seem to have found difficulty in freeing themselves from the strait-jacket of the "adversary" conception. They exhibit a tendency toward a narrow and technical interpretation1 of an Act2 intended to be construed in accordance with its broad and wise purpose.3 The case at bar is, we think, a typical instance. The defendant-patentee, a manufacturer...

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