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ADAMS v. GALION IRON WORKS & MFG. CO.

No. 5228.

42 F.2d 395 (1930)

ADAMS et al. v. GALION IRON WORKS & MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

July 2, 1930.

Attorney(s) appearing for the Case

D. W. Cooper, of New York City (Kwis, Hudson & Kent, of Cleveland, Ohio, D. W. Cooper, of New York City, and Geo. B. Schley and Verne A. Trask, both of Indianapolis, Ind., on the brief), for appellants.

W. L. Day, of Cleveland, Ohio (Day & Day, of Cleveland, Ohio, and F. S. Stitt, of Washington, D. C., on the brief), for appellee.

Before DENISON, KNAPPEN, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Appellants brought their action for infringement of patent No. 1,133,251, issued to Roy E. Adams, March 30, 1915, for a grader. Claims 5, 6, 9, 12, 15, 20, 22, 23, 26, 31, 32, 35, and 41 are in suit. The District Court held claims 20 and 26 to be anticipated by patent to J. D. & R. E. Adams, No. 1,014,989, issued January 16, 1912, prior to application of the patent in suit. The remaining claims were held invalid on the grounds of aggregation...

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