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TRAYLOR ENGINEERING & MFG. CO. v. WORTHINGTON PUMP & M. CO.

No. 3090.

1 F.2d 833 (1924)

TRAYLOR ENGINEERING & MFG. CO. v. WORTHINGTON PUMP & MACHINERY CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied December 1, 1924.

Attorney(s) appearing for the Case

Fraley & Paul, of Philadelphia, Pa. (Henry N. Paul and Frank B. Fox, both of Philadelphia, Pa., of counsel), for appellant.

James Q. Rice, C. J. Sawyer, and Charles H. Howson, all of New York City, for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge.

WOOLLEY, Circuit Judge.

This appeal is from a decree of the District Court holding valid and infringed claims 1, 2, 5, 6, 7 and 13 of Letters Patent No. 960,231 issued to Niedermeyer & Bernhard and claims 2, 3, 6 and 7 of Letters Patent No. 1,145,967 to Bernhard & Sholl. The patents relate to gyrating rock-crushing machines; the first to the machine itself and the second to a device, to be used upon it, for lubricating certain of its moving parts.

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