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WARING PRODUCTS CORP. v. LANDERS, FRARY & CLARK

No. 33, Docket 25034.

263 F.2d 160 (1959)

WARING PRODUCTS CORP., Appellee, v. LANDERS, FRARY & CLARK, Appellant.

United States Court of Appeals Second Circuit.

Decided January 9, 1959.

Attorney(s) appearing for the Case

T. Clay Lindsey, Hartford, Conn., for appellant.

John C. Blair, Stamford, Conn., Blair Spencer & Buckles, Stamford, Conn., Robert H. Ware, Richard P. Schulze, Edward J. Mooney, Stamford, Conn., of counsel, for appellee.

Before HAND, HINCKS and WATERMAN, Circuit Judges.

HAND, Circuit Judge (dissenting).

This is an appeal from a judgment, entered December 11, 1957, which held valid and infringed claims 3, 9 and 10 of a patent issued to Osius on March 1, 1938, and which directed the defendant to account. No injunction issued, or could issue, after March 1, 1955, the date when the patent expired. The invention was for an improvement "in the art of mixing fluent substances, and relates more specifically to * * * disintegrating, mixing...

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