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RICH PRODUCTS CORPORATION v. MITCHELL FOODS, INC.

No. 156, Docket 29952.

357 F.2d 176 (1966)

RICH PRODUCTS CORPORATION, Appellee, v. MITCHELL FOODS, INC., and Frank S. Mitchell, Appellants.

United States Court of Appeals Second Circuit.

Decided February 15, 1966.

Rehearing Denied April 11, 1966.

Attorney(s) appearing for the Case

Hugh A. Chapin, New York City (Kenneth R. Sommer, and Popp & Sommer, Buffalo, N. Y., Edward W. Greason, and Kenyon & Kenyon, New York City, on the brief), for plaintiff-appellee.

Malcolm K. Buckley, Buffalo, N. Y. (Bean, Brooks, Buckley & Bean, Buffalo, N. Y., on the brief), for defendants-appellants.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This is a suit for infringement of claims one to four of United States Letters Patent No. 2,868,653, applied for on December 3, 1954 and issued on January 13, 1959 to Robert E. Rich, as assignee of Holton W. Diamond and Eugene L. Powell, the joint inventors. Rich assigned the patent and his rights for past infringement to the plaintiff, Rich Products Corporation.

Subsequent thereto the appellee commenced this action in the Western...

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