LUKENS STEEL CO. v. AMERICAN LOCOMOTIVE CO.

No. 219, Docket 22265.

197 F.2d 939 (1952)

LUKENS STEEL CO. v. AMERICAN LOCOMOTIVE CO.

United States Court of Appeals Second Circuit.

Decided July 1, 1952.


Attorney(s) appearing for the Case

Alfred C. Aurich, Philadelphia, Pa., for appellant; Synnestvedt & Lechner, Philadelphia, Pa., and Burgess, Ryan & Hicks, New York City, of counsel.

Kenyon & Kenyon, New York City, for appellee; W. Houston Kenyon, Jr., and Francis T. Carr, New York City, of counsel.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and FRANK, Circuit Judges.


SWAN, Chief Judge.

This is a patent infringement suit involving patent No. 2,078,056, issued April 20, 1937 to Everett Chapman and thereafter assigned to the plaintiff. In addition to the usual defenses of invalidity and non-infringement the defendant pleaded estoppel, and by counterclaim asserted that the patent was held upon a constructive trust. By agreement the issues raised by the estoppel defense and the counterclaim...

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