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VAUGHAN v. GARDNER-DENVER CO.

No. 723.

40 F.2d 62 (1930)

VAUGHAN et al. v. GARDNER-DENVER CO.

District Court, D. Delaware.

April 21, 1930.

Attorney(s) appearing for the Case

Charles F. Curley, of Wilmington, Del., and George F. Scull and Chester A. Adee, both of New York City, for plaintiffs.

Charles Neave, of New York City, B. G. Foster, of Washington, D. C., and Marvel, Morford & Ward, of Wilmington, Del., for defendant.

MORRIS, District Judge.

In this patent infringement suit in equity by Fanny Minton Vaughan and Ingersoll-Rand Company against Gardner-Denver Company upon claims 1, 2, and 3 of patent No. 1,147,660, issued July 20, 1915, for a "Ballast-Tamper for Railway-Ties," spoken of by the art as a "Tie-Tamper," the only defense is invalidity, and that defense is based mainly upon British patents Nos. 3653 and 4674 of 1903 to Collet.

The tamper of the patent in suit is...

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