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WESTERN STATES MACH. CO. v. S. S. HEPWORTH CO.

No. 90.

152 F.2d 79 (1945)

WESTERN STATES MACH. CO. v. S. S. HEPWORTH CO.

Circuit Court of Appeals, Second Circuit.

December 3, 1945.

Attorney(s) appearing for the Case

Hammond & Littell and Albert C. Johnston, all of New York City, for plaintiff-appellee.

Howson & Howson, of New York City (Charles H. Howson and W. F. Sonnekalb, Jr., both of New York City, of counsel), for defendant-appellant.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

On a previous appeal by this appellant from an interlocutory decree of the District Court for the Eastern District of New York we in part affirmed and in part reversed the judgment below and dismissed the complaint with costs. Western States Mach. Co. v. S. S. Hepworth Co., 147 F.2d 345.

In the decree from which that appeal was taken the district court had held claim 10 of U. S. Pat. No. 2,096,341 and...

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