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DEVIN v. WESTERN WHEELED SCRAPER CO.

No. 6342.

66 F.2d 631 (1933)

DEVIN et al. v. WESTERN WHEELED SCRAPER CO.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied October 13, 1933.

Attorney(s) appearing for the Case

Merrell E. Clark, of New York City (Frank R. Higley, of Cleveland, Ohio, and John W. Farley, of Memphis, Tenn., on the brief), for appellants.

Scott Fitzhugh, of Memphis, Tenn., and John L. Jackson, of Chicago, Ill. (John A. Dienner, of Chicago, Ill., on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

Suit by Western Wheeled Scraper Company, appellee, against E. A. Devin, a user, for infringement of patent No. 1,706,099, March 19, 1929, to Benbow and Green for a "dump wagon." The claims involved are 9, 11, 14, 15, and 17 to 23, inclusive. The Euclid Crane & Hoist Company intervened as a defendant and counterclaimed for infringement of two patents, only one of which, to wit, No. 1,752,056, March 25, 1930, to Armington & Armington, for...

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