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AERATION PROCESSES v. KIDDE & CO.

Civ. No. 2890.

84 F.Supp. 132 (1949)

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

United States District Court W. D. New York.

February 4, 1949.

Attorney(s) appearing for the Case

Toulmin & Toulmin of Dayton, Ohio (H. A. Toulmin, Jr., 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.

Floyd H. Crews, Darby & Darby, all of New York City (Morris Relson, of New York City, of counsel; Bean, Brooks, Buckley & Bean, of Buffalo, N. Y., solicitors), for defendants.

KNIGHT, Chief Judge.

Defendants move for $20,228.23 attorneys' fees in this action decided by this court in plaintiff's favor D.C., 77 F.Supp. 647, but reversed and remanded by U. S. Court of Appeals, Second Circuit 170 F.2d 437, which, in its opinion, said: "Plaintiff joined as defendants Drescher and Lee, the proprietors of stores which sold the accused device. Plaintiff at the trial offered...

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