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WESTINGHOUSE ELECTRIC & MFG. CO. v. WADSWORTH E. MFG. CO.

No. 5231.

36 F.2d 319 (1929)

WESTINGHOUSE ELECTRIC & MFG. CO. v. WADSWORTH ELECTRIC MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

December 14, 1929.

Attorney(s) appearing for the Case

D. W. Cooper, of New York City (Victor S. Beam, of New York City, Walter M. Shohl, of Cincinnati, Ohio, and Thomas J. Byrne, of New York City, on the brief), for appellant.

W. F. Murray, of Cincinnati, Ohio (Marston Allen, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

Suit by appellant upon claims 1, 2, and 10 of Kries patent, No. 1,224,880, dated May 1, 1917, for a fuse and switch box. Counterclaim by appellee upon claims 2 and 3 of Wadsworth reissued patent, No. 15,718, dated November 6, 1923 (original 1,403,659, January 17, 1922), for a similar article. The District Court held that claims 1 and 2 of the Kries patent were not infringed and claim 10 was invalid, that claim 3 of the Wadsworth reissue was...

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