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ALLIS-CHALMERS MANUFACTURING CO. v. KENNEDY

No. 3740.

25 F.2d 1017 (1928)

ALLIS-CHALMERS MANUFACTURING CO., Appellant, v. Joseph E. KENNEDY, Appellee.

Circuit Court of Appeals, Third Circuit.

April 30, 1928.

Attorney(s) appearing for the Case

Clifton V. Edwards, of New York City, George F. De Wein, of Milwaukee, Wis., and William G. Mahaffy, of Wilmington, Del., for appellant.

Thomas Howe, of New York City, and E. E. Berl, of Wilmington, Del., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Kennedy, the owner of patent No. 1,436,338, granted November 21, 1922, to Charles L. Carman for a crusher, charged the Allis-Chalmers Company with infringement thereof in a gyratory stone crusher of its make. In a comprehensive opinion that court held the patent valid and infringed. On appeal from a decree so holding we find ourselves in entire accord with that opinion, only adding that we find Carman's device increased...

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