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NUGEY v. OLIVER MANUFACTURING SUPPLY CO.

No. 13727.

321 F.2d 118 (1963)

Anthony L. NUGEY, Appellant, v. OLIVER MANUFACTURING SUPPLY CO., a Corporation of New Jersey, and Mamie Pellegrino, Executrix of the Estate of Patsy Pellegrino.

United States Court of Appeals Third Circuit.

Decided June 19, 1963.

Rehearing Denied August 5, 1963.

Attorney(s) appearing for the Case

Abraham J. Nydick, New York City, for appellant.

Louis D. Fletcher, New York City (Orlando H. Dey, Rahway, N. J., Darby & Darby, New York City, on the brief), for defendants-appellees.

Before STALEY and FORMAN, Circuit Judges, and LANE, District Judge.

LANE, District Judge.

Plaintiff, Anthony L. Nugey, instituted this action against defendants, Oliver Manufacturing Supply Company and Patsy Pellegrino, alleging infringement of United States Patent 2,575,462, which describes an apparatus for curing building blocks. Defendants raised the defenses of invalidity and non-infringement. Claim of invalidity was based upon want of invention over prior art and non-infringement upon a license that plaintiff had granted defendants...

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