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LEAVITT v. McBEE CO.

No. 3723.

124 F.2d 938 (1942)

LEAVITT v. McBEE CO.

Circuit Court of Appeals, First Circuit.

January 13, 1942.

Attorney(s) appearing for the Case

Harold E. Cole, of Boston, Mass., for appellant.

Harry Lea Dodson, of New York City (William Gates, Jr., and Roberts, Cushman & Woodberry, all of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

The plaintiff, owner of Letters Patent 1,544,172, filed a complaint in the District Court demanding a preliminary and final injunction against infringement of the patent by the defendant. There was a motion to dismiss the complaint because it alleged threatened infringement rather than actual infringement. The defendant also argued for the dismissal of the complaint on the ground that "said Letters Patent does not cover cards manufactured by...

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