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SCHAEFER, INC. v. MOHAWK CABINET CO., INC.

No. 203, Docket 25923.

276 F.2d 204 (1960)

SCHAEFER, INC., Appellee, v. MOHAWK CABINET CO., INC., Appellant.

United States Court of Appeals Second Circuit.

Decided March 17, 1960.

Attorney(s) appearing for the Case

George T. Mobille, Washington, D. C., Ferris, Hughes, Dorrance & Groben, Utica, N. Y., for Mohawk Cabinet Co., Inc., defendant-appellant, C. Willard Hayes (of Cushman, Darby & Cushman, Washington, D. C., of counsel), for appellant.

John Gould, Minneapolis, Minn., Kernan & Kernan, Utica, N. Y., for plaintiff-appellee, Merchant & Merchant, Minneapolis, Minn., Morris Kirschstein, Kirschstein, Kirschstein & Ottinger, New York City, of counsel, for appellee.

Before HAND and MOORE, Circuit Judges, and SMITH, District Judge.

HAND, Circuit Judge.

This is an appeal by the defendant from a judgment of Judge Brennan in the Northern District of New York in an action to declare invalid United States Patent, No. 2,750,758. The defendant, Mohawk Cabinet Company, to which Hoye, the patentee, had assigned the patent, answered and interposed a counterclaim for infringement. The judgment declared the patent invalid, and dismissed the counterclaim on the merits. The patent was issued in June 1956...

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