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E. J. BROOKS COMPANY v. STOFFEL SEALS CORPORATION

No. 82, Docket 25191.

266 F.2d 841 (1959)

E. J. BROOKS COMPANY, Plaintiff-Appellant, v. STOFFEL SEALS CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 4, 1959.

Attorney(s) appearing for the Case

Henry R. Ashton, New York City (Robert Henderson, William K. Kerr, and Francis J. Sullivan, New York City, on the brief), for plaintiff-appellant.

A. Yates Dowell, Jr., Washington, D. C. (A. Yates Dowell, Washington, D. C., and Leonard L. Berliner, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This appeal is from a decision below, D.C.S.D.N.Y., 160 F.Supp. 581, rendered on defendant's counterclaim holding plaintiff to have infringed defendant's Ashton Patent No. 2,611,198 for a poultry tag. The sole issue is as to the validity of the patent, since the plaintiff is not here attacking the finding of infringement against it. No question is raised as to the court's rulings of invalidity of two other...

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