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PULLMAN INCORPORATED v. ACF INDUSTRIES INCORPORATED

No. 265, Docket 31598.

393 F.2d 83 (1968)

PULLMAN INCORPORATED, Plaintiff-Appellant, v. ACF INDUSTRIES INCORPORATED, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 4, 1968.

Attorney(s) appearing for the Case

David S. Kane, New York City (Kane, Dalsimer, Kane, Sullivan & Smith, Martin E. Goldstein, New York City, Haynes N. Johnson, Stamford, Conn., Robert C. Brown, Jr., John M. Mann, Chicago, Ill., of counsel), for appellant.

John Hoxie, New York City (Davis, Hoxie, Faithfull & Hapgood, Cyrus S. Hapgood, Laurence R. Hefter, New York City, of counsel), for appellee.

Before MEDINA, MOORE and ANDERSON, Circuit Judges.

MOORE, Circuit Judge:

This appeal involves the validity and alleged infringement of United States Patent No. 3,003,436 which issued to William H. Peterson on October 10, 1961, on an application dated December 3, 1959, which incorporated therein an application dated March 5, 1959. Plaintiff-appellant Pullman Incorporated (plaintiff) has been the owner of the Peterson patent since issuance. On October 16, 1961, it filed its complaint in the United States District Court...

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