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BABCOCK & WILCOX CO. v. SPRINGFIELD BOILER CO.

No. 102.

16 F.2d 964 (1927)

BABCOCK & WILCOX CO. v. SPRINGFIELD BOILER CO. et al.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

Gifford & Scull, of New York City (Livingston Gifford, of New York City, C. P. Byrnes, of Pittsburgh, Pa., and George F. Scull, of New York City, of counsel), for appellant.

John E. Hubbell, of New York City, for appellee Springfield Boiler Co.

Briesen & Schrenk, of New York City (John E. Hubbell, W. Brown Morton, and Fritz v. Briesen, all of New York City, of counsel), for appellee Superheater Co.

Before HOUGH, MANTON, and MACK, Circuit Judges.

MANTON, Circuit Judge.

The appellant sues for infringement of claims 4, 6, 7, and 9 of the Bell patent, No. 1,141,520, granted June 1, 1915, and claims 1, 2, 4, and 6 of the reissue patent to Pratt, No. 15,210, granted October 18, 1921, which read as follows:

Bell Patent, No. 1,141,520.

"4. In a steam boiler, the combination, with longitudinally disposed upper and lower banks of tubes, of a transverse pass for the products of combustion having an...

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