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MAGRATH v. DRAPER CORPORATION

No. 6950.

384 F.2d 672 (1967)

George H. MAGRATH, Plaintiff, Appellant, v. DRAPER CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided November 7, 1967.

Attorney(s) appearing for the Case

Norman S. Blodgett, Worcester, Mass., for appellant.

James C. McConnon, Philadelphia, Pa., with whom James W. Noonan, Boston, Mass., Henry N. Paul, Jr., Philadelphia, Pa., Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., and Paul & Paul, Philadelphia, Pa., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an action for patent infringement. The plaintiff Magrath, who owns prior patents in the textile spinning field, on June 11, 1956 applied for a patent for a top-drive spindle. In October 1959 he filed a second application in which he abandoned the first. Patent No. 2,938,676 was issued to him on May 31, 1960. The defendant Draper Corporation is continuing a textile equipment business begun long before 1877, at which date Patent No. 188...

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