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ESTATE STOVE CO. v. GRAY & DUDLEY CO.

No. 5236.

41 F.2d 462 (1930)

ESTATE STOVE CO. v. GRAY & DUDLEY CO.

Circuit Court of Appeals, Sixth Circuit.

June 13, 1930.

Attorney(s) appearing for the Case

F. M. Bass, of Nashville, Tenn. (Greer Marechal, of Dayton, Ohio, Fyke Farmer and Bass, Berry & Sims, all of Nashville, Tenn., and Drury W. Cooper, of New York City, on the brief), for appellant.

K. T. McConnico and C. P. Hatcher, both of Nashville, Tenn. (Pitts, McConnico & Hatcher, of Nashville, Tenn., on the brief), for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

The plaintiff below, appellant here, is a long-established manufacturer of stoves. Prior to 1921, it and many other manufacturers had made heaters consisting of what was essentially a stove surrounded with a casing and providing an intervening air jacket. Air was taken in near the floor, passed upward as it was heated, and discharged through gratings at the top, thus providing a circulatory heating system for a room. Also prior to 1921, the...

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