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PENNINGTON ENGINEERING CO. v. HOUDE E. CORP.

No. 103.

136 F.2d 210 (1943)

PENNINGTON ENGINEERING CO. v. HOUDE ENGINEERING CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 21, 1943.

Attorney(s) appearing for the Case

Luther Day, Leslie Nichols, and Ray S. Gehr, all of Cleveland, Ohio, and Max D. Farmer, of Buffalo, N. Y., for plaintiff-appellant.

Charles W. Hills, Jr., and Alexander C. Mabee, both of Chicago, Ill., and Popp & Popp, of Buffalo, N. Y., for defendant-appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This is the usual suit in equity for the infringement of three claims of a patent; enlarged in scope by allegations of a cause of action based upon the use without the plaintiff's consent of an invention which the plaintiff disclosed in confidence to the defendant. In the court below the plaintiff at first prevailed upon both phases of the case but upon rehearing a decree was entered dismissing the bill on the merits and from that the plaintiff...

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