OLD TOWN RIBBON & CARBON CO. v. COLUMBIA R. & C. MFG. CO.

No. 98, Docket 20373.

159 F.2d 379 (1947)

OLD TOWN RIBBON & CARBON CO., Inc., v. COLUMBIA RIBBON & CARBON MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 6, 1947.


Attorney(s) appearing for the Case

Harry Cohen and Levisohn, Niner & Levisohn, all of New York City (Edwin Levisohn, of New York City, of counsel), for appellant.

Samuel E. Darby, Jr., and Darby & Darby, all of New York City (Floyd H. Crews, of New York City, of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff appeals from a judgment which dismissed its complaint, and which granted an injunction upon the defendants' counterclaim against infringing claims ten and eleven of Patent No. 2,118,888, issued to an assignee of Lewis and Menihan, on May 31, 1938. The complaint was for a declaration of the rights and obligations of the parties arising from this patent, including a claim for damages against...

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