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

No. 85.

147 F.2d 345 (1945)

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

Circuit Court of Appeals, Second Circuit.

January 16, 1945.

Attorney(s) appearing for the Case

Albert C. Johnston, and Hammond & Littell, all of New York City (Nelson Littell, of New York City, on the brief), for plaintiff.

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

Before L. HAND, CHASE and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

Both parties appeal from a judgment in an action for the infringement of four patents. (In the District Court five were involved, but no appeal has been taken as to one, and we disregard it.) Three were issued to the plaintiff, as assignee of Eugene Roberts: The first No. 1,758,901, on May 13, 1930, upon an application filed December 8, 1925. Claims 1, 3, 4, 5, 9 and 10 were in issue, all of which the court held valid and infringed. The defendant...

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