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SAMSON-UNITED CORPORATION v. SEARS, ROEBUCK & CO.

No. 8447.

23 F.Supp. 971 (1938)

SAMSON-UNITED CORPORATION v. SEARS, ROEBUCK & CO., Inc.

District Court, E. D. New York.

June 20, 1938.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (W. Brown Morton and Raymond B. Canfield, both of New York City, of counsel), for plaintiff.

George L. Wheelock, of New York City (Zabel, Carlson, Gritzbaugh & Wells, and Arthur W. Carlson and Max W. Zabel, all of Chicago, Ill., of counsel), for defendant.

CAMPBELL, District Judge.

This is a suit in Equity for the alleged infringement of Patent No. 2,095,223 issued to Abe O. Samuels, Assignor to Samson-United Corporation for Fan, granted October 5th, 1937, on an application filed October 2nd, 1935.

The defendant, Sears, Roebuck & Co. Inc., is only a nominal defendant, the real defendant being the Excell Auto Radiator Company, the manufacturer of the accused article, which has taken over the defense of the...

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