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TRANE CO. v. NASH ENGINEERING CO.

No. 2181.

27 F.2d 334 (1928)

TRANE CO. v. NASH ENGINEERING CO.

Circuit Court of Appeals, First Circuit.

July 18, 1928.

Attorney(s) appearing for the Case

Fred L. Chappell, of Kalamazoo, Mich., Samuel D. Elmore, of Boston, Mass., and Arthur T. Holmes, of La Crosse, Wis., for appellant.

Louis W. Southgate and Charles T. Hawley, both of Worcester, Mass., for appellee.

Before BINGHAM, JOHNSON and ANDERSON, Circuit Judges.

PER CURIAM.

The gist of the defendant's elaborate petition for rehearing is that on this record prior use and sale are, as a matter of law, made out. This contention cannot be sustained. Of the three sales urged, we fully concur with what the court below found and ruled concerning the Chicago Pump transaction and the S. D. Warren Paper Mill transaction. The third alleged prior sale, the William Penn Hotel transaction, was nothing but an executory contract made in...

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