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MAZZELLA BLASTING MAT CO. v. VITIELLO

No. 71, Docket 24633.

250 F.2d 935 (1957)

MAZZELLA BLASTING MAT CO., Inc., Plaintiff-Appellant, v. Salvatore VITIELLO, Jerry Vitiello and Carmine Vitiello, doing business under the name of Vitiello Blasting Mat Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 16, 1957.

Attorney(s) appearing for the Case

Ernest G. Montague, New York City, for plaintiff-appellant.

Howard L. Kuttner, New York City (Sugarman, Kuttner & Fuss, New York City, of counsel on the brief), for defendants-appellees.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

The District Court's finding that the plaintiff's product patent No. 2,474,904 is invalid for lack of invention and because of prior public manufacture, sale and use is amply supported by the evidence adduced at the six day trial, and we affirm for the reasons stated in Judge Herlands' opinion reported in 150 F.Supp. 48.

We commend the District Judge's immediate attention to the preparation of his opinion and...

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