INDUSTRIAL RAILWAY & LOCOMOTIVE WORKS v. CAGNEY BROS.


1 F.Supp. 970 (1932)

INDUSTRIAL RAILWAY & LOCOMOTIVE WORKS, Inc., et al. v. CAGNEY BROS. et al.

District Court, D. New Jersey.

December 2, 1932.


Attorney(s) appearing for the Case

Harry C. Bierman, of New York City, and Samuel B. Feld, of Passaic, N. J., for plaintiffs.

J. W. Ockford, of New York City, for defendants.

Samuel Spingarn, of Union City, N. J., for Ernest Vahle, Jr.


FAKE, District Judge.

Under the bill filed herein, plaintiffs seek relief in three separate causes of action; patent infringement, copyright infringement, and unfair competition. They will be dealt with separately in this memorandum.

The patent in issue was granted to Bester, November 4, 1930, and is numbered 1,780,516. It contains nine claims which are substantially stated in the ninth claim as follows: "9. A locomotive...

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