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MYERSON v. DENTISTS' SUPPLY CO.

No. 107, Docket 20378.

159 F.2d 681 (1947)

MYERSON et al. v. DENTISTS' SUPPLY CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

February 14, 1947.

Attorney(s) appearing for the Case

Richard F. Walker, of Boston, Mass. (Roberts, Cushman & Grover, of Boston, Mass., and Cooper, Kerr & Dunham and Drury W. Cooper, Jr., all of New York City, on the brief), for plaintiffs-appellants.

John Vaughan Groner, of New York City (Donald W. Robertson, of New York City, on the brief), for defendant-appellee.

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

CLARK, Circuit Judge.

The complaint in this case alleged infringement by defendant of four patents for artificial teeth issued to the plaintiff Myerson. After trial, but before judgment, plaintiffs withdrew their infringement allegations as to one of the patents. Pursuant to stipulation between the parties the complaint was dismissed with prejudice as to another. There remained in suit two patents, Nos. 2,300,305, issued October 27, 1942, on an application filed September...

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