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MOTO-MOWER CO. v. E. C. STEARNS & CO.

No. 202.

126 F.2d 854 (1942)

MOTO-MOWER CO. v. E. C. STEARNS & CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 23, 1942.

Attorney(s) appearing for the Case

Henry R. Ashton, of New York City (Frederic G. Bodell and D. Emmett Thompson, both of Syracuse, N. Y., on the brief), for appellant.

Willis Bugbee, of Detroit, Mich. (Victor D. Borst, of New York City, on the brief), for appellee.

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

CLARK, C. E., Circuit Judge.

This action presents the issue of infringement by defendant of U. S. Patent No. 1,401,156, issued December 27, 1921, on the application of Charles Francis Jenkins and by him assigned to plaintiff. Since the action was filed on the last day of the life of the patent, only an accounting was asked for. Possibly for the same reason, defendant, while making a formal plea of invalidity of the patent, did not contest it at the trial, but relied...

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