ANDERSON, Circuit Judge.
This is a suit for the infringement of claims 10, 12, and 41 of patent No. 1,228,171, and claims 3 and 15 of patent No. 1,243,688, both issued to R. A. Belknap.
Appellee's device is made under the patent to Henggi, No. 1,167,299. The court below, in holding that appellant had failed on the issue of infringement, said:
"The Belknap device is a rigid, unyielding casting which has no initial grip on the rail. When the device is...
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