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CONCRETE MIXING & CONVEYING CO. v. ULEN CONTRACTING CORP.

12 F.2d 929 (1925)

CONCRETE MIXING & CONVEYING CO. v. ULEN CONTRACTING CORPORATION et al.

District Court, S. D. New York.

August 4, 1925.

Attorney(s) appearing for the Case

Stephen J. Cox, of New York City (Stephen J. Cox, of New York City, and A. G. McCaleb, of Chicago, Ill., of counsel), for complainant.

James L. Steuart, of New York City, for defendant Ulen Contracting Corporation.

Frank S. Moore, of New York City (James L. Steuart, of New York City, of counsel), for defendant Shandaken Tunnel Corporation.

AUGUSTUS N. HAND, District Judge.

This is a suit for infringement of United States letters patent No. 1,127,660 to John H. McMichael, granted February 9, 1915, claims 2, 4, 6, 17, 21, 22, 28, 34, and 35.

The invention has for its object to provide a method of and an apparatus for elevating and transporting concrete. The patentee describes concrete in the specification as "a composition containing relatively large pieces of rock or stone as uniform in size...

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