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BENZ v. CELESTE FUR DYEING & DRESSING CORPORATION

No. 260.

136 F.2d 845 (1943)

BENZ et al. v. CELESTE FUR DYEING & DRESSING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 24, 1943.

Attorney(s) appearing for the Case

Leonard Loewinthan, of New York City (Mock & Blum, of New York City, of counsel), for plaintiffs-appellees.

Bergner & Bergner and Daniel L. Morris, all of New York City, (Daniel L. Morris, David Bergner, and Alexander Mencher, all of New York City, of counsel), for defendants-appellants.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The process which plaintiffs contend the defendants are infringing involves the use of formaldehyde and an acid catalyst, but not the use of cresol. The claims in suit do not, by their terms, call for the use of cresol. But defendants assert that those claims, if read so as not to make the use of cresol mandatory, are invalid. This argument requires recourse to the file-wrapper. Plaintiffs insist that...

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