AERATION PROCESSES, INC. v. WALTER KIDDE & CO.

No. 43, Docket 21400.

177 F.2d 772 (1949)

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

United States Court of Appeals Second Circuit.

Decided November 18, 1949.


Attorney(s) appearing for the Case

Floyd H. Crews, New York City (Darby & Darby, and Morris Relson, New York City, Edwin T. Bean, Buffalo, N. Y., J. William Carson, Belleville, N. J., of counsel), for appellants.

Toulmin & Toulmin, Dayton, Ohio, Wickes, Riddell, Bloomer, Jacobi and McGuire, New York City (H. A. Toulmin, Jr., Dayton, Ohio, Clayton E. Crafts, Hugh M. Bennett, Columbus, Ohio, John S. Powers, Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


FRANK, Circuit Judge.

As the trial court found no indication that either Lee or Drescher had incurred attorney's fees, it properly allowed them nothing. Nor can defendant Kidde Manufacturing Company recover any costs alleged to have been incurred in behalf of Lee and Drescher, since any investigation of the prior art which it made for them, it made for itself as well.

The issue is thus narrowed down to whether the trial court should have allowed any fees to...

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