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HARDINGE BROS. v. MARR OIL HEAT MACH. CORPORATION

No. 3987.

27 F.2d 779 (1928)

HARDINGE BROS., Inc., v. MARR OIL HEAT MACH. CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 25, 1928.

Attorney(s) appearing for the Case

Lynn A. Williams, of Chicago, Ill., for appellant.

Thomas H. Sheridan, of Chicago, Ill., for appellees.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

The District Court (20 F.2d 241) held claims 1, 2, 5, and 101 of plaintiffs' (appellees') patent, No. 1,158,058, to King, for centrifugal oil burner, valid and infringed. The defenses were noninfringement and invalidity in view of the prior art.

The prior art dates back to Cook patent, No. 73,506, issued in 1868. The Klein patent, No...

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