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GOODYEAR TIRE & RUBBER CO. v. MICHELIN TIRE CO.

No. 4529.

18 F.2d 216 (1927)

GOODYEAR TIRE & RUBBER CO. v. MICHELIN TIRE CO.

Circuit Court of Appeals, Sixth Circuit.

March 8, 1927.

Attorney(s) appearing for the Case

Geo. E. Cruse, of New York City (Alan N. Mann, of New York City, and Tolles, Hogsett, Ginn & Morley, of Cleveland, Ohio, on the brief), for appellant.

Ernest Wilkinson, of Washington, D. C. (John P. Murray, of New York City, and A. E. Merkel, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

The appellant brought suit for infringement of the Litchfield patent upon a pneumatic tire, issued December 14, 1909, No. 943358. The court below dismissed the bill for lack of infringement. Pending this appeal the patent has expired, so that no injunction can issue; but, if the plaintiff ought to prevail, the case could be retained for accounting; hence we should pass upon the merits.

The body or carcass of such a tire was made of...

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