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PIONEER GRAVEL EQUIP. MFG. CO. v. DIAMOND IRON WORKS

No. 9962.

72 F.2d 161 (1934)

PIONEER GRAVEL EQUIPMENT MFG. CO. v. DIAMOND IRON WORKS.

Circuit Court of Appeals, Eighth Circuit.

July 5, 1934.

Attorney(s) appearing for the Case

A. C. Paul, of Minneapolis, Minn. (Harold Olsen and Paul, Paul & Moore, all of Minneapolis, Minn., on the brief), for appellant.

Frank A. Whiteley, of Minneapolis, Minn., for appellee.

Before STONE and GARDNER, Circuit Judges.

STONE, Circuit Judge.

This is an appeal by plaintiff below in a patent infringement suit.

This patent covers a portable machine for making and handling aggregates used in highway construction. "Aggregates" is the name for materials consisting largely of rock, gravel, and sand used for the construction and surfacing of highways or, as a component part, in forming concrete for such construction. Practical necessity requires that such aggregates do not exceed...

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