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ELYRIA IRON & STEEL CO. v. MOHEGAN TUBE CO.

No. 294.

7 F.2d 827 (1925)

ELYRIA IRON & STEEL CO. v. MOHEGAN TUBE CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 21, 1925.

Attorney(s) appearing for the Case

Livingston Gifford, Oscar W. Jeffery, Harry G. Kimball, and J. Stanley Preston, all of New York City, for appellants.

Drury W. Cooper, of New York City, and George T. May, Jr., of Chicago, Ill., for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

Defenses insisted on in pleading and argument are lack of invention and noninfringement; but both produce a single position for defendants, who insist that Johnston's method is no more than a function of a well designed and operated Parpart machine, and all they do is to make tube by such a machine. Some study of the history of electric butt-welding of tubular forms should throw light on this contention, which...

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