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BULLDOG ELECTRIC PROD. CO. v. WESTINGHOUSE ELEC. CORP.

No. 254, Docket 20538.

162 F.2d 994 (1947)

BULLDOG ELECTRIC PRODUCTS CO. v. WESTINGHOUSE ELECTRIC CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 29, 1947.

Attorney(s) appearing for the Case

Dean, Fairbank & Hirsch and Harry Price, all of New York City (Daniel G. Cullen and Abraham J. Levin, both of Detroit, Mich., of counsel), for appellant.

Victor S. Beam and Thomas J. Byrne, both of New York City, and Ralph H. Swingle, of East Pittsburgh, Pa., for defendant-appellee.

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

CHASE, Circuit Judge.

This appeal is from a declaratory judgment of the District Court for the Eastern District of New York in which U. S. Pat. No. 2,285,770 granted to Frank and Messing on June 9, 1942 for a circuit breaker was held not infringed by the defendant's so-called Multi-breaker circuit breaker and its enforcement enjoined. The question of validity was not decided.

The plaintiff, a West Virginia corporation, sued the Cole Electric Products Company...

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