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LANGDON v. SALTSER & WEINSIER, INC.

No. 231, Docket 26139.

288 F.2d 50 (1961)

Jesse D. LANGDON and Eureka Vacuum Breaker Corporation, Appellants, v. SALTSER & WEINSIER, INC., Appellee, Sloan Valve Company, Intervener-Appellee.

United States Court of Appeals Second Circuit.

Decided March 14, 1961.

Attorney(s) appearing for the Case

Arthur A. March, March & Curtiss, New York City (Harry H. Harris, Harris, Corwin & Post, New York City, on the brief), for appellants.

Norman S. Parker, Chicago, Ill. (Elmer R. Helferich and Nicholas John Stathis, Watson, Leavenworth, Kelton & Taggart, New York City, on the brief), for appellee, Parker & Carter, Chicago, Ill., Elmer R. Helferich, Nicholas John Stathis, New York City, of counsel.

Before LUMBARD, Chief Judge, MADDEN, Judge, United States Court of Claims, and WATERMAN, Circuit Judge.

MADDEN, Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Zavatt, Judge) holding claim 2 of Langdon reissue patent 21,323 valid but not infringed. 175 F.Supp. 96. Appellants contend that the holding of non-infringement is erroneous. Appellees contend by cross appeal that the patent claim is invalid as anticipated by prior art and as a result of estoppel. Appellees...

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