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W. BINGHAM CO. v. WARE

No. 5588.

46 F.2d 33 (1931)

W. BINGHAM CO. v. WARE et al.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

Henry Huxley, of Chicago, Ill. (Howard Somervell, of Chicago, Ill., on the brief), for appellant.

Howard Cox, of Chicago, Ill. (Cheever, Cox & Moore and Roy H. Olson, all of Chicago, Ill., on the brief), for appellees.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

MOORMAN, Circuit Judge.

This is a suit for infringement of the Ware patent, 1,469,344, relating to rollers or wheels for roller skates. The wheels complained of were manufactured by the Winslow Skate Manufacturing Company and sold to defendant. The bill alleged infringement of claims 1, 2, 3, and 8. The decree adjudged all of these claims valid but only claim 2 infringed. No appeal has been taken by the plaintiffs from the holding of claims 1, 3, and 8 not infringed...

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