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ENGINEERING SPECIALTIES CO. v. BURGESS BATTERY CO.

40 F.Supp. 1014 (1941)

ENGINEERING SPECIALTIES CO., Inc., v. BURGESS BATTERY CO.

District Court, S. D. New York.

July 12, 1941.

Attorney(s) appearing for the Case

Hoguet, Neary & Campbell, of New York City, for plaintiff.

Kenyon & Kenyon, of New York City, for defendant.

CONGER, District Judge.

From a reading of the conflicting affidavits of the experts here, I feel constrained to deny the defendant's application for summary judgment. Plaintiff's patent has never been adjudicated and the fact that certain references herein were before the Patent Office lends greater presumptive force to the issuance of said patent. General Electric Co. v. Save Sales Co., 6 Cir., 82 F.2d...

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