U.S. Court of Appeals for the Second Circuit, 1960

Speciner v. Reynolds Metals Co.

Speciner v. Reynolds Metals Co.
U.S. Court of Appeals for the Second Circuit · Decided June 9, 1960
279 F.2d 337 (Federal Reporter, Second Series)

Counsel

Clarence S. Barasch, New York City (Louis C. Fieland and Herbert Semmel, New York City, on the brief), for plaintiff-appellant., Walter C. Lundgren, New York City (John P. Crilly and Lundgren, Lincoln & McDaniel, New York City, on the brief), for defendant-appellee.

Speciner v. Reynolds Metals Co.

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

We affirm the judgment below on Judge Dimock’s thorough analysis of the facts and his discussion of the relevant principles and authorities set forth in his opinion reported at 177 F.Supp. 291 (D.C.S.D.N.Y. 1959). An examination of the exhibits fully supports Judge Dimock’s finding that all of the features of the plaintiff’s aluminum casement window which the defendant is alleged to have appro*338priated, were readily apparent from a casual inspection of the plaintiff’s window which was available on the open market.

Affirmed.

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