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WILSON ATHLETIC G. MFG. CO. v. KENNEDY SPORT. G. MFG. CO.

No. 106, Docket 23671.

233 F.2d 280 (1956)

WILSON ATHLETIC GOODS MFG. CO., Inc., Plaintiff-Appellant, v. KENNEDY SPORTING GOODS MFG. CO., Inc. and J. Lawrence Kennedy, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 8, 1956.

Attorney(s) appearing for the Case

Warren C. Horton, Chicago, Ill. (H. H. Hamilton, New York City, F. Thrall Brewer and Louis R. Simpson, Chicago, Ill., and Francisco Penberthy, Utica, N. Y.) for plaintiff-appellant.

David A. Woodcock, New York City (Watson, Leavenworth, Kelton & Taggart, New York City) for defendants-appellees.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

This is an appeal from a decision of Judge Brennan holding invalid claims 1, 2, 4 and 7 of U. S. Patent No. 2,231,204, which issued on February 11, 1941 on an application by Archibald J. Turner dated January 7, 1939. (Serial No. 249,696.) Judge Brennan's opinion is reported in 133 F.Supp. 469 and we shall assume that readers of this opinion are familiar with its contents.

The patent states:

...

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