AERATION PROCESSES v. WALTER KIDDE & CO.

Civ. A. No. 2890.

77 F.Supp. 647 (1948)

AERATION PROCESSES, Inc. v. WALTER KIDDE & CO., Inc., et al.

District Court, W. D. New York.

February 25, 1948.


Attorney(s) appearing for the Case

Toulmin & Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr., and Clayton E. Crafts, both of Dayton, Ohio, Hugh M. Bennett, of Columbus, Ohio, and John S. Powers, of Buffalo, N. Y., of counsel), for plaintiff.

Samuel E. Darby, Jr., of New York City (Floyd H. Crews, of New York City, J. William Carson, of Belleville, N. Y., and Edwin T. Bean and Bean, Brooks, Buckley & Bean, all of Buffalo, N. Y., of counsel), for defendants.


KNIGHT, District Judge.

Plaintiff sued defendants for infringement of two patents. On the trial it agreed to dismiss the amended complaint as to the two individual defendants and limit the issue to the validity and infringement of Getz Patent No. 2,294,172. The three corporate defendants pleaded the invalidity of this patent.

Defendants Walter Kidde & Co., Inc. and Food Devices, Inc. alleged that they have not been properly served with process and the...

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