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FOSTER METAL PRODUCTS v. JACOBY-BENDER, INC.

No. 5311.

255 F.2d 869 (1958)

FOSTER METAL PRODUCTS, Inc., Defendant, Appellant, v. JACOBY-BENDER, Inc., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

June 4, 1958.

Attorney(s) appearing for the Case

L. William Bertelsen, III, Boston, Mass., with whom Herbert P. Kenway and Kenway, Jenney, Witter & Hildreth, Boston, Mass., were on brief, for appellant.

Harold James, New York City, with whom James & Franklin and Roberts, Cushman & Grover, Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

The litigation here is a typical patent infringement suit. It was commenced by the filing on August 23, 1956, in the court below by Jacoby-Bender, Inc., appellee herein, of a complaint against Foster Metal Products, Inc., the present appellant, charging infringement by defendant of the single claim in the so-called MacIntosh patent, U.S. Letters Patent No. 2,249,086. The prayer of the complaint was for an injunction and damages.

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