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F. A. SMITH MFG. CO. v. SAMSON-UNITED CORPORATION

No. 298.

130 F.2d 525 (1942)

F. A. SMITH MFG. CO., Inc., v. SAMSON-UNITED CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 7, 1942.

Attorney(s) appearing for the Case

Bean, Brooks, Buckley & Bean, of Buffalo, N. Y., and (Kwis, Hudson & Kent, of Cleveland, Ohio (A. J. Hudson, of Cleveland, Ohio, of counsel), for appellant.

W. B. Morton and H. Stanley Mansfield, both of New York City, for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appeal is from a decree in the usual suit in equity holding valid and infringed claims 1 to 7 inclusive and 15 and 18 of Patent No. 2,095,223 granted to A. O. Samuels on October 5, 1937 and duly assigned to the plaintiff.

The patent in suit is for a fan of the motor-driven type having flexible blades, made of a suitable material like rubber, which will be efficient for producing air currents and hold their shape when not in operation...

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