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AMERICAN SAFETY TABLE COMPANY v. SCHREIBER

No. 88, Docket 26228.

287 F.2d 417 (1961)

AMERICAN SAFETY TABLE COMPANY, Inc., Plaintiff-Appellee, v. Joseph SCHREIBER and David Goldberg, individually and as partners trading as Schreiber & Goldberg, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided February 28, 1961.

Rehearing Denied March 22, 1961.

Attorney(s) appearing for the Case

Leon Edelson, Philadelphia, Pa., by Paul S. Bolger (Keith, Bolger, Isner & Byrne, New York City, on the brief), for plaintiff-appellee.

Charles Sonnenreich, New York City, for defendants-appellants.

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

MEDINA, Circuit Judge.

This litigation involved two actions that were consolidated for trial. The first was an action for patent infringement and unfair competition; the second was for infringement of a patent in the same subject matter issued after the commencement of the first action. The trial resulted in the dismissal of the claim for unfair competition and an adjudication that both patents were valid and infringed. Separate judgments were entered in the two actions...

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