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SUPREME EQUIPMENT & SYSTEMS CORP. v. LEAR SIEGLER, INC.

Nos. 371, 420, 421, Dockets 72-1604, 72-1610, 73-1304.

495 F.2d 860 (1974)

SUPREME EQUIPMENT & SYSTEMS CORP., Plaintiff-Appellee, v. LEAR SIEGLER, INC. and Nat Levenberg, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 9, 1974.

Attorney(s) appearing for the Case

Arthur M. Lieberman, New York City (Sandoe, Hopgood & Calimafde, John M. Calimafde, Marvin N. Gordon, New York City, of counsel), for plaintiff-appellee.

Donald R. Dunner, Washington, D. C. (Lane, Aitken, Dunner & Ziems, Washington, D. C., Joseph M. Lane, New York City, Gilbert H. Hennessey, Washington, D. C., Kaye, Scholer, Fierman, Hays & Handler, David Goldberg, Guy M. Blynn, New York City, of counsel), for defendants-appellants.

Before KAUFMAN, Chief Judge, and FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

On February 18, 1970, Supreme Equipment and Systems Corporation commenced a declaratory judgment action against Lear Siegler, Inc. and Nat Levenberg, seeking a declaration of invalidity and of non-infringement of United States Letters Patent, Reissue No. 26,902, for a "Tilt-Proof Cabinet Construction." Levenberg, the named inventor and patent owner, and Lear Siegler, the exclusive licensee, counterclaimed for infringement. Following a two...

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