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MERSHON v. O'NEILL

No. 5405.

3 F.Supp. 26 (1932)

MERSHON et al. v. O'NEILL.

District Court, E. D. New York.

Supplemental Opinion October 6, 1932.

Attorney(s) appearing for the Case

Cooper, Kerr & Dunham, of New York City (Sturges S. Dunham and C. Blake Townsend, both of New York City, of counsel), for plaintiffs.

Frank C. Cole, of New York City (Vernon M. Dorsey and Frank C. Cole, both of New York City, of counsel), for defendant.

BYERS, District Judge.

The plaintiffs sue in equity for alleged infringement of United States Letters Patent No. 1,141,402, issued June 1, 1915 (application filed June 19, 1913), and No. 1,784,674, issued December 9, 1930 (application filed July 14, 1923). For convenience, these will be referred to hereinafter as the first and second patents.

Both were issued to the plaintiff Mershon, who, in turn, licensed the corporate plaintiff's predecessor to make, use...

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