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PROSPERITY CO., INC. v. AMERICAN MACHINE & METALS, INC.

No. 8175.

142 F.2d 800 (1944)

PROSPERITY CO., Inc., v. AMERICAN MACHINE & METALS, Inc.

Circuit Court of Appeals, Third Circuit.

Decided May 18, 1944.

Attorney(s) appearing for the Case

William Bohleber, of New York City (Howard Duane, of Wilmington, Del., and John M. Montstream, of New York City, on the brief), for plaintiff-appellant.

Willis B. Rice, of New York City (Francis A. Reardon, of Wilmington, Del., on the brief), for defendant-appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of Delaware dismissing a complaint in which the plaintiff as owner of the Davis Patent No. 1,609,273, relating to pneumatic control and safety devices in pressing machines, charged the defendant with infringement of Claim 9 of that patent. The district court held the claim valid but not infringed.

The state of the laundry pressing machine art and the place of the...

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