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AUTOMATIC TOY CORPORATION v. BUDDY "L" MFG. CO.

25 F.Supp. 520 (1938)

AUTOMATIC TOY CORPORATION v. BUDDY "L" MFG. CO., Inc., et al.

District Court, S. D. New York.

January 18, 1938.

Attorney(s) appearing for the Case

Carl E. Ring, of New York City, for plaintiff.

Emery, Varney, Whitemore & Dix, of New York City (Merrill M. Blackburn, of Davenport, Iowa, and Lucius E, Varney, of New York City, of counsel), for defendants.

LEIBELL, District Judge.

I have signed the defendants' proposed Findings of Fact and Conclusions of Law. The Bill of Complaint is dismissed, for want of infringement, with costs. Defendants' counsel has submitted an excellent brief in which he has clearly described the scope and differences of plaintiff's patents, the prior art and the patent under which defendants have constructed their toy automobile. I have borrowed freely from the descriptive features of the brief...

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