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GOODYEAR TIRE & RUBBER CO. v. OVERMAN CUSHION TIRE CO.

No. 6197.

66 F.2d 81 (1933)

GOODYEAR TIRE & RUBBER CO. v. OVERMAN CUSHION TIRE CO., Inc., et al.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1933.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (R. H. Waters, of Akron, Ohio, and H. F. McNenny and Richey & Watts, all of Cleveland, Ohio, on the brief), for appellant.

Robert W. Byerly and D. A. Woodcock, both of New York City (Robert W. Byerly, of New York City, on the brief for Overman, and Watson, Bristol, Johnson & Leavenworth, of New York City, on the brief for Kelly-Springfield Tire Co.), for appellees.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

PER CURIAM.

Decision of the present case is controlled by the decision in Hart Steel Co. v. Railroad Supply Co., 244 U.S. 294, 37 S.Ct. 506, 61 L. Ed. 1148, the issues of validity and infringement of appellee's patent No. 1,092, 078, in suit, having been fully determined in litigation in the Second circuit against the sales subsidiary of the appellant. Overman Cushion Tire Co. v. Goodyear Tire & Rubber Co., Inc. (C. C. A.)

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