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GRAVEL PRODUCTS CORPORATION v. BUFFALO GRAVEL CORP.

No. 124.

5 F.Supp. 533 (1933)

GRAVEL PRODUCTS CORPORATION v. BUFFALO GRAVEL CORPORATION.

District Court, W. D. New York.

December 22, 1933.

Attorney(s) appearing for the Case

Haight, Adcock, Banning & Fathchild, of Chicago, Ill. (George I. Haight, of Chicago, Ill., and Charles W. Parker, of Buffalo, N. Y., of counsel), for plaintiff.

John S. Powers and Harold I. Popp, both of Buffalo, N. Y., for defendant.

ADLER, District Judge.

This is a suit for infringement of a patent (No. 1,729,070) granted September 24, 1929, to Howard S. Gerken for improvements in apparatus for washing and separating or grading materials, as for instance, gravel from waterways, on an application filed February 27, 1926. The patent has thirty claims. Those in suit are claims 16 to 30, inclusive.

Corporate capacity and title to the patent are admitted. Infringement and validity

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