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HANDLEY PAGE, LIMITED v. LEECH AIRCRAFT

No. 120.

126 F.2d 267 (1942)

HANDLEY PAGE, LIMITED, v. LEECH AIRCRAFT, Inc.

Circuit Court of Appeals, Second Circuit.

March 18, 1942.

Attorney(s) appearing for the Case

Fred Gerlach, of Chicago, Ill., and Ralph J. Leibenderfer, of New York City, for defendant-appellant.

Knight Bros., of New York City (Ray T. Ernst, of New York City, of counsel), for complainant-appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This suit is to recover for infringement of U. S. Patent No. 1,422,614, which was granted July 11, 1922, and expired during the pendency of the suit and prior to the entry of a decree for the complainant therein. The District Court held Claims 1, 2 and 4 valid and infringed and appointed a special master to report damages and profits.

The specification discloses a wing-construction, embodying new and useful improvements in...

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