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METALLIZING ENG. CO. v. GENERAL SCREW MACH. PROD.

Civ. No. 50 — 119.

93 F.Supp. 878 (1950)

METALLIZING ENGINEERING CO., Inc. v. GENERAL SCREW MACH. PRODUCTS, Inc.

United States District Court, D. Massachusetts.

November 2, 1950.

Attorney(s) appearing for the Case

Burgess & Dinklage and Louis Burgess, all of New York City, Haussermann, Davison & Shattuck, and Stuart Macmillan, all of Boston, Mass., for plaintiff.

Cosimo J. Toscano, Harry Zarrow, Worcester, Mass., Herbert P. Kenway, Robert B. Russell, Kenway, Jenney, Witter & Hildreth, all of Boston, Mass., for defendant.

SWEENEY, Chief Judge.

The plaintiff is the owner of Design Patent No. 157,315 issued on February 14, 1950, and covering a design of a wave-type lawn sprinkler. It brings this action against the defendant seeking an injunction against further infringements and damages for alleged past infringements. The defendant denies infringement, and further asserts the invalidity of the Letters Patent.

Findings of Fact

Approximately measured, the plaintiff's...

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