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CARLSON & SULLIVAN, INC. v. BIGELOW & DOWSE CO.

No. 4687.

202 F.2d 654 (1953)

CARLSON & SULLIVAN, Inc. v. BIGELOW & DOWSE CO. et al.

United States Court of Appeals, First Circuit.

Rehearing Denied April 9, 1953.

Attorney(s) appearing for the Case

Daniel L. Morris, New York City (Hector M. Holmes, Boston, Mass., Edward G. Curtis, Marshall M. Holcombe and Curtis, Morris & Safford, New York City, on the brief), for appellant.

T. Clay Lindsey, Hartford, Conn. (Robert L. Thompson, Boston, Mass., and John M. Prutzman, Hartford, Conn., on the brief), for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a judgment dismissing a complaint alleging infringement of United States Patent No. 2,510,939 for a ruler construction, which issued on June 6, 1950, to Fred O. Carlson, assignor by mesne assignments to the plaintiff-appellant. The case was tried in the court below sitting without a jury during late January and early February, 1952; the judgment appealed from was entered on April 4, 1952, and this appeal was argued on...

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