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WALLACE v. F. W. WOOLWORTH CO.

No. 147.

133 F.2d 763 (1943)

WALLACE v. F. W. WOOLWORTH CO.

Circuit Court of Appeals, Second Circuit.

March 3, 1943.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, W. B. Morton, and H. Stanley Mansfield, all of New York City (W. B. Morton, of New York City, of counsel), for appellant.

Briesen & Schrenk, of New York City, (Fred A. Klein and Henry C. Quigley, Jr., both of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an action by John H. Wallace, Jr., against F. W. Woolworth Company for infringement of U. S. Patent No. 2,236,387, issued on March 25, 1941, to the plaintiff John H. Wallace, Jr., as assignee of the interest of the joint inventor Wilfred C. Hand.

The subject of the patent in suit is a cosmetic preparation for checking the flow of perspiration. Such preparations have been sold for a number of years and have generally...

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