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RAINS v. NIAQUA, INC.

No. 171, Docket 32602.

406 F.2d 275 (1969)

John K. RAINS, Plaintiff-Appellant, v. NIAQUA, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 13, 1969.

Attorney(s) appearing for the Case

Leon J. Greenspan, White Plains, N. Y. (Greenspan & Aurnou, White Plains, N. Y., on the brief), for plaintiff-appellant.

Edwin T. Bean, Buffalo, N. Y. (Bean, Brooks, Buckley & Bean, Buffalo, N. Y., on the brief), for defendant-appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff John K. Rains appeals from an adverse judgment in his patent infringement action against defendant Niaqua, Inc. after a trial before Chief Judge John O. Henderson in the United States District Court for the Western District of New York. Plaintiff is the owner of design patent No. Des. 201,793 for a swimming pool. Chief Judge Henderson held the patent invalid and not infringed. Because we believe that the former conclusion was not...

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