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CUSANO v. KOTLER

No. 9151.

159 F.2d 159 (1947)

CUSANO v. KOTLER.

Circuit Court of Appeals, Third Circuit.

Decided January 7, 1947.

Attorney(s) appearing for the Case

Maxwell E. Sparrow, of New York City (Hodes & Hodes, of Newark, N. J., on the brief), for appellant.

Luther W. Hawley, of New York City (Samuel J. Davidson, of Hoboken, N. J., and Philip S. McLean, of New York City, on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

Plaintiff sued the defendant in the District Court for the District of New Jersey for violation of his patent Number 2,312,882. The only question before that Court and before us is the validity of the patent because the defendant does not deny that if the patent is valid he has infringed it. The District Court found in favor of validity and gave judgment for plaintiff. The defendant appeals.

The subject-matter of the plaintiff's patent...

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