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NORTHWEST ENGINEERING CORP. v. KEYSTONE DRILLER CO.

Nos. 5036, 5035, 5037.

70 F.2d 13 (1934)

NORTHWEST ENGINEERING CORPORATION v. KEYSTONE DRILLER CO. HARNISCHFEGER CORPORATION v. SAME. BUCYRUS-ERIE CO. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

March 29, 1934.

Attorney(s) appearing for the Case

Henry M. Huxley, of Chicago, Ill., Louis Quarles, of Milwaukee, Wis., Roger Sherman Hoar, of South Milwaukee, Wis., and Frank Parker Davis, of Chicago, Ill., for appellants.

F. O. Richey and H. F. McNenny, both of Cleveland, Ohio (Richey & Watts, of Cleveland, Ohio, and George E. Mueller, of Chicago, Ill., of counsel), for appellee.

Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.

EVANS, Circuit Judge (after stating the facts as above).

The defense to claim 4 of the Clutter patent is non-infringement. Claim 4 reads:

"In an excavating machine a pivoted boom, a scoop-carrying member pivotally connected therewith, a pulling member for elevating and lowering said boom, a pivotal means carried by the boom and connecting the pulling member therewith, and said scoop-carrying member, a scoop connected with the scoop-carrying member and...

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