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INTERNATIONAL LATEX CORP. v. WARNER BROTHERS CO.

No. 79, Docket 25560.

276 F.2d 557 (1960)

INTERNATIONAL LATEX CORPORATION, Plaintiff-Appellant-Respondent, v. WARNER BROTHERS COMPANY, Defendant-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 11, 1960.

Attorney(s) appearing for the Case

Simon H. Rifkind, New York City (Jay H. Topkis, Paul, Weiss, Rifkind, Wharton & Garrison; William H. Davis, George E. Faithfull, Davis, Hoxie, Faithfull & Hapgood, New York City, on the brief), for plaintiff-appellant-respondent.

Stephen H. Philbin, New York City (E. Cummings Sanborn, New York City, Pullman, Comley, Bradley & Reeves, Bridgeport, Conn., and Fish, Richardson & Neave, New York City, on the brief), for defendant-respondent-appellant.

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

FRIENDLY, Circuit Judge.

International Latex Corporation, a Delaware corporation, assignee of Spanel patent No. 2,360,736 for a seamless dipped latex girdle, brought this action against The Warner Bros. Company, a Connecticut corporation, for infringement. The case was tried in the District Court for Connecticut before Judge Anderson who, in a carefully reasoned opinion, 169 F.Supp. 755 held that the patent was valid and that...

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