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McCURRACH v. CHENEY BROS.

No. 20.

152 F.2d 365 (1945)

McCURRACH et al. v. CHENEY BROS.

Circuit Court of Appeals, Second Circuit.

November 19, 1945.

Attorney(s) appearing for the Case

John B. Cuningham, of New York City, for plaintiff.

Thomas J. Byrne, of New York City, and Joseph K. Schofield, of Hartford, Conn., for defendant.

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

L. HAND, Circuit Judge.

Both parties appeal from a judgment which (1) held that the defendant had infringed both claims of the plaintiff's patent No. 2,178,893, granted to Mabel C. McCurrach on November 7, 1939; (2) which dismissed, though not upon the merits, a cause of action under § 66, Title 35 U.S.C.A., upon an alleged interference between the plaintiff's patent and Patent No. 2,291,531, granted to Cheney and Tedford on July 28, 1942, and owned by the defendant...

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