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MORGAN CONST. CO. v. WELLMAN-SEAVER-MORGAN CO.

Nos. 4450, 4453, 4454.

18 F.2d 395 (1927)

MORGAN CONST. CO. v. WELLMAN-SEAVER-MORGAN CO.

Circuit Court of Appeals, Sixth Circuit.

March 28, 1927.

Attorney(s) appearing for the Case

Frederick P. Fish, of Boston, Mass. (J. Lewis Stackpole, of Boston, Mass., and George H. Kennedy, Jr., of Worcester, Mass., on the briefs), for Morgan Co.

A. J. Hudson, of Cleveland, Ohio (Kwis, Hudson & Kent, of Cleveland, Ohio, and Melville Church, of Washington, D. C., on the briefs), for Wellman-Seaver-Morgan Co.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

The Morgan Company and the Wellman-Seaver-Morgan Company are long-time competitors in the business of making and selling gas producers. These are coal-burning furnaces or retorts of generally cylindrical shape, 10 or 12 feet in diameter, and (with attachments) 15 or 20 feet high, weighing many tons, and costing several thousands of dollars each. There is a continued day and night operation, by which coal is fed into the top, and air under pressure...

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