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THE OPEN HEARTH STEEL FURNACE CO. v. YOUNGSTOWN S. & T. CO.

No. 530.

2 F.2d 94 (1924)

THE OPEN HEARTH STEEL FURNACE CO. v. YOUNGSTOWN SHEET & TUBE CO.

District Court, N. D. Ohio, E. D.

March 24, 1924.

Attorney(s) appearing for the Case

Clarence J. Loftus, of Chicago, Ill., and Wm. L. Day, of Cleveland, Ohio, for plaintiff.

L. A. Manchester, of Youngstown, Ohio, Hull, Smith, Brock & West, of Cleveland, Ohio, and Bakewell, Byrnes & Stibbins, of Pittsburgh, Pa., for defendant.

WESTENHAVER, District Judge.

This is the usual patent infringement suit. The bill charges infringement of United States letters patent 1,220,444, issued March 27, 1917, to S. Naismith, and by him assigned to plaintiff. Claims 1, 2, 5, and 8 only are in issue. The defenses are noninfringement and invalidity for want of novelty and because of anticipation.

My study of this case brings me to the conclusion that the charge of infringement is not sustained, and...

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