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WINTERMUTE v. HERMETIC SEAL CORPORATION

No. 13003.

279 F.2d 60 (1960)

Carlton H. WINTERMUTE, Plaintiff-Appellant, v. HERMETIC SEAL CORPORATION.

United States Court of Appeals Third Circuit.

Decided June 8, 1960.

Attorney(s) appearing for the Case

Arthur Auslander, New York City (William A. Consodine, Newark, N. J., Smith & Auslander, New York City on the brief), for appellant.

Philip G. Hilbert, New York City (Ravin & Ravin, Newark, N. J., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

The plaintiff, Carlton H. Wintermute, commenced this action in the court below to enjoin infringement of his patent, No. 2,454,244, and for other relief. The substituted defendant, Hermetic Seal Corporation, successor insofar as this case is concerned to the two original defendants as a result of Chapter XI proceedings, pressed the assertion of the invalidity of the patent in issue, which the District Court sustained. 171...

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