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CLAIR v. KASTAR

No. 128.

138 F.2d 828 (1943)

CLAIR et al. v. KASTAR, Inc.

Circuit Court of Appeals, Second Circuit.

November 5, 1943.

Attorney(s) appearing for the Case

Joseph Hirschman and Lackenbach & Hirschman, all of New York City (Armand E. Lackenbach, of New York City, of counsel), for appellant.

C. W. Prince, of Kansas City, Mo., and Pennie, Davis, Marvin & Edmonds, of New York City (John T. Farley, of New York City, of counsel), for appellees.

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

L. HAND, Circuit Judge.

The defendant appeals from a summary judgment, awarding damages and profits to the plaintiffs for the infringement of claim two of an expired patent for a "steering stabilizer" on motor-cars — No. 1,577,821 issued on March 23, 1926, to William P. Campbell — and dismissing a counterclaim for infringement by the plaintiffs of Patent No. 1,993,572, issued on March 5, 1935, to Louis Stark...

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