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AERATION PROCESSES v. WALTER KIDDE & CO.

Civ. A. No. 2890.

77 F.Supp. 642 (1947)

AERATION PROCESSES, Inc. v. WALTER KIDDE & CO., Inc. et al.

District Court, W. D. New York.

October 21, 1947.

Attorney(s) appearing for the Case

Toulmin & Toulmin of Dayton, Ohio (H. A. Toulmin, Jr., of Dayton, Ohio, Hugh M. Bennett, of Columbus, Ohio, John S. Powers, of Buffalo, N. Y., and Clayton E. Crafts, of Dayton, Ohio, of counsel), for plaintiff.

Darby & Darby of New York City (Samuel E. Darby, Jr., of New York City, Edwin T. Bean and Bean, Brooks, Buckley & Bean, all of Buffalo, N. Y., Floyd H. Crews, of New York City, and J. William Carson, of Belleville, N. J., of counsel), for defendant.

KNIGHT, District Judge.

The Amended Complaint alleges the infringement of two patents, to wit: No. 2,281,604, issued May 5, 1942, to A. H. Smith; and No. 2,294,172, issued August 25, 1942, to Charles Getz. The defendant Kidde Manufacturing Co., Inc., answering, denies infringement and alleges the invalidity of the two patents. At the opening of the trial, the so-called mechanical patent, No. 2,281,604, was withdrawn from...

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