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MINNEAPOLIS-HONEYWELL REGULATOR CO. v. THERMOCO, INC.

No. 128.

116 F.2d 845 (1941)

MINNEAPOLIS-HONEYWELL REGULATOR CO. v. THERMOCO, Inc.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.

Attorney(s) appearing for the Case

Bair & Freeman, of Chicago, Ill., and Cooper, Kerr & Dunham, of New York City (Thomas J. Byrne, of New York City, and W. P. Bair and Will Freeman, both of Chicago, Ill., of counsel), for plaintiff-appellant.

Watson, Bristol, Johnson & Leavenworth, of New York City (Lawrence Bristol and Charles P. Bauer, both of New York City, and John W. Michael, of Milwaukee, Wis., of counsel), for defendant-appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from part of a summary judgment which dismissed a complaint for the infringement of two out of four patents: No. 1,579,497, issued to one, Aldrich, on April 6, 1926, and Reïssue, No. 17,405, issued to one Scott, on August 13, 1929. The action was begun on January 15, 1937, and on February 26, 1940, this court in another action (Cleveland Trust Co. v. Osher & Reiss, Inc., 2 Cir., 109 F.2d 917

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