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FOSTER v. MAGNETIC HEATING CORPORATION

Nos. 357-361, Dockets 32969-32973.

410 F.2d 12 (1969)

Julius E. FOSTER, Appellee, v. MAGNETIC HEATING CORPORATION, Thermatool Corporation, David G. Osterer, Herman C. Morris, American Machine & Foundry Company, Appellants.

United States Court of Appeals Second Circuit.

Decided March 20, 1969.

Attorney(s) appearing for the Case

William K. Kerr, New York City (Charles H. Walker, Herbert F. Schwartz, New York City, on the brief), for appellants.

Robert H. Rines, Boston, Mass. (Alexander Kahan, New York City, on the brief), for appellee.

Before MOORE, KAUFMAN and FEINBERG, Circuit Judges.

PER CURIAM:

This is an appeal from an interlocutory judgment of the United States District Court for the Southern District of New York, Edmund L. Palmieri, J., holding certain claims of Patent No. 2,882,384, issued to plaintiff Julius E. Foster, valid and infringed by American Machine & Foundry Company and other named defendants. On appeal, defendants do not contest the validity and enforceability of the patent and raise only the issue whether they infringed....

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