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ASHLAND FIRE BRICK CO. v. GENERAL REFRACTORIES CO.

No. 4800.

27 F.2d 744 (1928)

ASHLAND FIRE BRICK CO. v. GENERAL REFRACTORIES CO.

Circuit Court of Appeals, Sixth Circuit.

June 18, 1928.

Attorney(s) appearing for the Case

Jo. Baily Brown, of Pittsburgh, Pa. (Winter, Brown & Critchlow, of Pittsburgh, Pa., and Prichard, Malin & Smith, of Ashland, Ky., on the brief), for appellant.

Augustus B. Stoughton, of Philadelphia, Pa., and John H. Holt, of Huntington, W. Va. (John M. Theobald, of Grayson, Ky., and Holt, Duncan & Holt, of Huntington, W. Va., on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

DENISON, Circuit Judge.

This is the usual suit for infringement, based upon reissue patent No. 15,889, August 12, 1924, to Tackett, for a brick machine. The defense chiefly relied upon in the court below and here is that, between the date of the original issue and the application for the broadened reissue, the defendant had built and begun to operate its machines in a form which was not covered by the original patent, even though it were by the reissue, and that the...

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