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YAWMAN & ERBE MFG. CO. v. COLE STEEL EQUIPMENT CO.

No. 128, Docket 25702.

277 F.2d 876 (1960)

YAWMAN AND ERBE MANUFACTURING COMPANY, a New York Corporation, Plaintiff-Appellee, v. COLE STEEL EQUIPMENT COMPANY, Inc., a New York Corporation, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 22, 1960.

Attorney(s) appearing for the Case

S. L. Wheeler, Milwaukee, Wis. (Benjamin T. Rauber, New York City, Joseph P. House, Jr., Milwaukee, Wis., on the brief), for plaintiff-appellee.

Joseph Hirschmann, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge.

Yawman and Erbe Manufacturing Company (plaintiff-appellee) brought this action for infringement by Cole Steel Equipment Company, Inc. (defendant-appellant) of Letters Patent 2,263,204 (referred to as "the patent") issued to plaintiff. From an interlocutory judgment and decree in plaintiff's favor declaring the patent valid in law and infringed by defendant, dismissing the defense of laches on the merits and referring the computation of damages...

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