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AMERICAN ENGINEERING COMPANY v. UNDERFEED STOKER COMPANY OF AMERICA

No. 4312.

41 F.2d 985 (1930)

AMERICAN ENGINEERING COMPANY, Defendant-Appellant, v. UNDERFEED STOKER COMPANY OF AMERICA et al., Plaintiff-Appellees.

Circuit Court of Appeals, Third Circuit.

July 21, 1930.

Attorney(s) appearing for the Case

Howson & Howson, of Philadelphia, Pa. (J. Lewis Stackpole and H. L. Kirkpatrick, both of Boston, Mass., of counsel), for appellant.

Southgate, Fay & Hawley, of Worcester, Mass., and Cyrus N. Anderson, of Philadelphia, Pa. (Louis W. Southgate and Charles T. Hawley, both of Worcester, Mass., of counsel), for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and AVIS, District Judge.

BUFFINGTON, Circuit Judge.

In the court below, the Underfeed Stoker Company of America, owner of patent No. 1,404,568, granted January 24, 1922, to Arthur H. Blackburn, for a furnace, charged the American Engineering Company with infringement thereof. On final hearing that court held the patent valid and infringed. Thereupon defendant took this appeal.

In reaching its conclusions, the court below has given the litigants their due by a thorough discussion of...

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