CINCINNATI GALVANIZING CO. v. MARQUETTE TOOL & MFG. CO.

No. 3937.

26 F.2d 593 (1928)

CINCINNATI GALVANIZING CO. v. MARQUETTE TOOL & MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

June 5, 1928.


Attorney(s) appearing for the Case

Walter F. Murray, of Cincinnati, Ohio, for appellant.

Otto R. Barnett, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

Plaintiff's (appellant's) suit, charging infringement of Heisel patent No. 1,486,746, for power press, was dismissed for want of equity. The allegation of the bill is that defendant "used and caused to be used," and "threatens to continue the use of," the infringing device. Upon the trial, plaintiff limited its claim as follows:

"We are here before your honor purely on a complaint that they [defendant] are aiding and abetting others, urging...

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