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BRUNSWICK-BALKE-COLLENDER CO. v. AMERICAN B. & B. CORP.

No. 71.

150 F.2d 69 (1945)

BRUNSWICK-BALKE-COLLENDER CO. v. AMERICAN BOWLING & BILLIARD CORPORATION.

Circuit Court of Appeals, Second Circuit.

On Rehearing June 11, 1945.

Writ of Certiorari Denied October 22, 1945.

Attorney(s) appearing for the Case

Harry W. Lindsey, Jr., of Chicago, Ill., Theodore S. Kenyon, of New York City, and Leo F. Tierney, Raymond J. Friend, Walter D. Roston, and Carl Meyer, all of Chicago, Ill., for plaintiff-appellant.

Gluck & Breitenfeld and Samuel E. Darby, Jr., all of New York City (Benedict Ginsberg, William S. Gluck, and Walter A. Darby, all of New York City, of counsel), for defendant-appellant.

Before EVANS, FRANK, and CLARK, Circuit Judges.

Writ of Certiorari Denied October 22, 1945. See 66 S.Ct. 99.

FRANK, Circuit Judge.

1. The Patent:

Claim 1 of Hedenskoog patent No. 1,714,310, dated August 11, 1928, discloses a device for controlling the movement of bowling-balls on return ways in bowling-alleys. The trial judge held that it was not infringed by defendant's device. Having so decided, he held that he could not consider the defense of invalidity or the counterclaim of defendant...

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