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NEWTON STEEL CO. v. SURFACE COMBUSTION CO.

Nos. 6548-6550.

75 F.2d 305 (1935)

NEWTON STEEL CO. v. SURFACE COMBUSTION CO. DURALOY CO. v. SAME. SURFACE COMBUSTION CO. v. NEWTON STEEL CO. et al.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1935.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (Thomas F. Veach, B. D. Watts, Richey & Watts, and Belden, Young & Veach, all of Cleveland, Ohio, on the brief), for Newton Steel Co. and Duraloy Co.

A. C. Denison, of Cleveland, Ohio, and B. H. Christy, of Pittsburgh, Pa. (Christy, Christy & Wharton, of Pittsburgh, Pa., on the brief), for Surface Combustion Co.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

The Surface Combustion Company brought this suit against the Newton Steel Company, the owner and operator of steel treating furnaces, and the Duraloy Company, the builder of the Newton Company's furnaces, for infringement of the Marsh & Cochran patent, 1,610,567, for a method of annealing sheet steel. Defendants denied validity and infringement of the patent, and the Duraloy Company by counterclaim charged the plaintiff with infringing...

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