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HERMAN NELSON CORPORATION v. COLUMBUS HEATING & V. CO.

Nos. 4379, 4348.

11 F.2d 273 (1926)

HERMAN NELSON CORPORATION OF MOLINE, ILL., v. COLUMBUS HEATING & VENTILATING CO. COLUMBUS HEATING & VENTILATING CO v. HERMAN NELSON CORPORATION OF MOLINE, ILL.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied April 16, 1926.

Attorney(s) appearing for the Case

Clarence E. Mehlhope, of Chicago, Ill. (Offield, Mehlhope, Scott & Poole, of Chicago, Ill., on the brief), for Herman Nelson Corporation.

H. A. Toulmin, Jr., and H. A. Toulmin, both of Dayton, Ohio (James M. Butler, of Columbus, Ohio, on the brief), for Columbus Heating & Ventilating Co.

Before DONAHUE and MOORMAN, Circuit Judges, and SESSIONS, District Judge.

DONAHUE, Circuit Judge.

This is an appeal from a decree dismissing a bill of complaint filed by the Herman Nelson Corporation, charging the Columbus Heating & Ventilating Company with infringement of four patents relating to apparatus for the ventilation of buildings.

Two of these patents and a number of claims of the two remaining patents were withdrawn by the appellant from the consideration of the trial court, and the cause was submitted to that court...

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