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GILLEN v. REYNOLDS METALS CO.

Civil Action No. 225.

49 F.Supp. 1006 (1943)

GILLEN et al. v. REYNOLDS METALS CO.

District Court, D. Delaware.

April 16, 1943.

Attorney(s) appearing for the Case

Collins J. Seitz, of Wilmington, Del., and Ellsworth H. Mosher, and Melvin W. Sandmeyer (Stevens & Davis), both of Washington, D. C., for plaintiffs.

Hugh M. Morris and S. Samuel Arsht (Morris, Steel, Nichols & Arsht), both of Wilmington, Del., and David S. Kane and Philip T. Dalsimer (Duell and Kane), both of New York City, for defendant.

LEAHY, District Judge.

Plaintiffs ask damages1 for contributory infringement of Claim 1 of their patent No. 2,018,061, issued October 22, 1935. The claim relates to the combination of a particular type of transparent pouring lip closure with a "relatively heavy" glass wall milk bottle. Not a milk bottler, defendant did not itself use the combination. However, it is contended and substantially conceded that defendant did manufacture bottle...

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