STEEL & TUBES v. GENERAL TUBE CO.

Nos. 4750, 4844.

61 F.2d 475 (1932)

STEEL & TUBES, Inc., v. GENERAL TUBE CO. GENERAL TUBE CO. v. STEEL & TUBES, Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 28, 1932.


Attorney(s) appearing for the Case

Drury W. Cooper, Dean S. Edmonds, and Ernest D. Given, all of New York City, for Steel & Tubes, Inc.

Fred A. Klein, of New York City, Joseph G. M. Browne, of Brooklyn, N. Y., and Briesen & Schrenk, of New York City (Henry C. Quigley, Jr., of New York City, of counsel), for General Tube Co.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

In this suit for infringement of claims 4, 5, 10, 14, 17, and 19 of the Johnston patent, No. 1,388,434, for a new and improved method and apparatus for butt-welding thingauge tubing, and of claims 3, 5, 6, and 9 of the Johnston patent, No. 1,435,306, for the product of the process, the District Court held both patents valid but limited their application to operations conducted at a speed in excess of thirty feet per minute. Both the plaintiff...

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