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TITCOMB v. NORTON COMPANY

No. 323, Docket 26298.

307 F.2d 253 (1962)

A. Shepard TITCOMB, Plaintiff-Appellant, v. NORTON COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 11, 1962.

Attorney(s) appearing for the Case

Emery, Whittemore, Sandoe & Graham, New York City, Nichol M. Sandoe and Hugo M. Wikstrom, New York City, of counsel, for appellant.

Curtis, Morris & Safford, New York City, Daniel L. Morris, Edward G. Curtis and John A. Mitchell, New York City, of counsel, for appellee.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.

SWAN, Circuit Judge.

Plaintiff, a citizen of Connecticut, sued Norton Company, a Massachusetts corporation, for patent infringement, unfair competition and breach of contract. After trial before Judge Smith without a jury the action was dismissed on the merits.1 The appeal involves claims for infringement of two patents, and the denial of plaintiff's motion for a new trial.

The patents in suit are United States Patent 2,476,334...

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