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ATHEY TRUSS WHEEL CO. v. MOORE & MOORE

No. 4241.

46 F.2d 255 (1930)

ATHEY TRUSS WHEEL CO. v. MOORE & MOORE, Inc.

Circuit Court of Appeals, Third Circuit.

On Rehearing, February 9, 1931.

Attorney(s) appearing for the Case

Williams, Bradbury, McCaleb & Hinkle, of Chicago, Ill., and Barnes, Biddle & Myers, of Philadelphia, Pa. (Lynn A. Williams and Ross O. Hinkle, both of Chicago, Ill., and Francis Biddle, of Philadelphia, Pa., of counsel), for appellant.

C. B. DesJardins and Melville Church, both of Washington, D. C. (Paul C. Wagner, of Philadelphia, Pa., of counsel), for appellee.

Before WOOLLEY, Circuit Judge, and J. WHITAKER THOMPSON and JOHNSON, District Judges.

WOOLLEY, Circuit Judge.

The plaintiff, assignor of two letters patent to Isaac H. Athey, charged the defendant with infringement of claims 8, 9, 10, 11, 12, 13, 21 and 22 of the first patent (No. 1,435,788) and claims 3, 8, 9, 10 and 11 of the second patent (No. 1,623,457) for inventions in traction vehicles and traction mechanism. The trial court having found the first patent not infringed and the second invalid dismissed the bill. 32 F.2d 781

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