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GEAR GRINDING MACH. CO. v. REO MOTOR CAR CO.

No. 5131.

50 F.2d 412 (1931)

GEAR GRINDING MACH. CO. v. REO MOTOR CAR CO.

Circuit Court of Appeals, Sixth Circuit.

June 9, 1931.

Attorney(s) appearing for the Case

D. Anthony Usina, of New York City (Melville Church, of Washington, D. C., and Whittemore, Hulbert, Whittemore & Belknap, of Detroit, Mich., on the brief), for Gear Grinding Mach. Co.

J. L. Stackpole, of Boston, Mass. (Frederick P. Fish and H. L. Kirkpatrick, both of Boston, Mass., and Walter S. Foster, of Lansing, Mich., on the brief), for Reo Motor Co.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

The application for rehearing especially asks reconsideration of the alleged anticipation as to the Driggs-Seabury use. We find nothing that was not fully considered in the course of the preparation of the opinion, though it is not exhaustively there discussed. The proof falls short of the necessary certainty in detail; and, while it is true that the claim involved in the former suit differed from the claim now under consideration, yet the Driggs-Seabury...

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