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GENERAL EXCAVATOR CO. v. KEYSTONE DRILLER CO.

Nos. 6065-6068.

64 F.2d 39 (1933)

GENERAL EXCAVATOR CO. v. KEYSTONE DRILLER CO. KEYSTONE DRILLER CO. v. GENERAL EXCAVATOR CO. OSGOOD CO. v. KEYSTONE DRILLER CO. KEYSTONE DRILLER CO. v. OSGOOD CO.

Circuit Court of Appeals, Sixth Circuit.

February 9, 1933.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio, and C. R. May, of Beaver, Pa. (Richey and Watts, of Cleveland, Ohio, and May & Bradshaw, of Beaver, Pa., on the brief), for Keystone Driller Co.

E. P. Corbett, of Columbus, Ohio, and L. T. Williams, of Toledo, Ohio (Edw. L. Reed, of Dayton, Ohio, Corbett & Mahoney, of Columbus, Ohio, and Williams, Eversman & Morgan, of Toledo, Ohio, on the brief), for General Excavator Co. and Osgood Co.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Two principal contentions are advanced in support of the petition for rehearing. The first is that the original action is founded upon alleged infringement of five patents and that the bill should not be dismissed as to the four patents to which the "unclean hands" had no application. The cases cited are not precisely in point. In re Meyerfield (D. C.) 46 F.2d 665, pertained to a claim in bankruptcy in...

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