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JOHNSON v. DUQUESNE LIGHT COMPANY

No. 4016.

34 F.2d 1020 (1929)

Tomlinson Fort JOHNSON, Jr., Appellant, v. DUQUESNE LIGHT COMPANY, Doble Engineering Company, and Frank C. Doble, Appellees.

Circuit Court of Appeals, Third Circuit.

September 19, 1929.

Attorney(s) appearing for the Case

Philip E. Siggers and Alva D. Adams, both of Washington, D. C. (Marshall A. Christy and Christy, Christy & Wharton, all of Pittsburgh, Pa., and Siggers & Adams, of Washington, D. C., of counsel), for appellant.

Reed, Smith, Shaw & McClay and Byrnes, Stebbins & Parmelee, all of Pittsburgh, Pa. (Geo. E. Stebbins, Lester G. Budlong and C. P. Byrnes, all of Pittsburgh, Pa., of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge.

PER CURIAM.

This suit was brought for the infringement of United States letters patent No. 1,366,078, issued to Tomlinson Fort Johnson, Jr., January 18, 1921, for a "new and useful method of locating faulty suspension-insulators on live-wire transmission-lines." The defenses are invalidity and noninfringement of the patent. Claims 6 and 8 to 11, inclusive, are in issue. The learned District Judge dismissed the bill on the grounds that: (1) The patent does not set...

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