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BALABAN v. POLYFOTO CORPORATION

No. 15.

47 F.Supp. 472 (1942)

BALABAN et al. v. POLYFOTO CORPORATION.

District Court, D. Delaware.

September 26, 1942.

Attorney(s) appearing for the Case

Lawrence Bristol (of Watson, Bristol, Johnson & Leavenworth), of New York City, and J. Rankin Davis, of Wilmington, Del., for plaintiff.

Samuel E. Darby, Jr. (of Darby & Darby) of New York City, and E. Ennalls Berl, of Wilmington, Del., for defendant.

JONES, Circuit Judge, specially assigned.

The plaintiffs sue for alleged patent infringement and the defendant answers setting up (1) patent invalidity, (2) noninfringement and (3) file wrapper estoppel. From the evidence adduced at trial, we make the following

Findings of Fact.

1. Alexander Balaban, one of the plaintiffs, is the owner of the patent in suit, No. 2,083,215, issued to him June 8, 1937, for...

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