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RICHARD IRVIN & CO. v. NEW YORK CENT R. CO.

32 F.Supp. 497 (1940)

RICHARD IRVIN & CO., Inc., et al. v. NEW YORK CENT. R. CO. et al.

District Court, S. D. New York.

April 3, 1940.

Attorney(s) appearing for the Case

Border Bowman, of New York City, for plaintiffs.

Henry R. Ashton, of New York City (A. M. Wiggins, of Pittsburgh, Pa., of counsel), for defendants.

WOOLSEY, District Judge.

My judgment in this cause is that the complaint herein be dismissed with all taxable costs, and all taxable disbursements and allowances.

For I hold that Claim No. 10 of the patent in suit here is invalid by reason of its not constituting an invention over the prior art, and

I hold further that, if the said claim were valid, it would not have been infringed by the accused device.

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