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HERCULES CEMENT CORP. v. PENNSYLVANIA-DIXIE C. CORP.

No. 946.

13 F.Supp. 508 (1936)

HERCULES CEMENT CORPORATION v. PENNSYLVANIA-DIXIE CEMENT CORPORATION.

District Court, D. Delaware.

January 24, 1936.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del., and Synnestvedt & Lechner, of Philadelphia, Pa., for plaintiff.

Richards, Layton & Finger, of Wilmington, Del., Hubert Howson, of New York City, and Dexter N. Shaw, of Philadelphia, Pa., for defendant.

NIELDS, District Judge.

This patent infringement suit is brought by Hercules Cement Corporation against Pennsylvania-Dixie Cement Corporation. Plaintiff is owner of patent No. 1,822,530 issued to Morris Kind assignor to plaintiff September 8, 1931, for "apparatus for handling cement or like material in bulk."

The sole defense is invalidity of the patent upon the ground that the invention of Kind was anticipated by others. More specifically, the defenses are...

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