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TOM HUSTON MFG. CO. v. CLYDE IRON WORKS SALES CO.

Nos. 5116, 5117.

32 F.2d 558 (1929)

TOM HUSTON MFG. CO. et al. v. CLYDE IRON WORKS SALES CO. CLYDE IRON WORKS SALES CO. v. TOM HUSTON MFG. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

May 10, 1929.

Attorney(s) appearing for the Case

Lester B. Mann and Gillson, Mann & Cox, all of Chicago, Ill. (Louis K. Gillson, of Chicago, Ill., and Wm. R. Wood and Edmund P. Wood, both of Cincinnati, Ohio, on the brief), for Tom Huston Mfg. Co.

John F. Oberlin, of Cleveland, Ohio (Fay, Oberlin & Fay, of Cleveland, Ohio, and Allen & Allen, of Cincinnati, Ohio, on the brief), for Clyde Iron Works.

Before MOORMAN, HICKS, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

Suit for infringement of patent No. 1,529,912, issued to Peacock, March 17, 1925, upon an application filed May 26, 1920. The patent relates to a device for pulling stumps and logs. Claims 1, 2, 4, 5, and 7 were relied upon. The District Court held claims 1 and 2 valid and infringed by defendant's bathtub type of machine but not infringed by its bull dog type, claims 4 and 5 invalid, and did not find it necessary to pass upon claim 7. Claims...

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