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WAUKESHA MOTOR CO. v. WILLYS-OVERLAND

No. 6647.

77 F.2d 906 (1935)

WAUKESHA MOTOR CO. v. WILLYS-OVERLAND, Inc.

Circuit Court of Appeals, Sixth Circuit.

June 5, 1935.

Attorney(s) appearing for the Case

Arthur H. Boettcher, of Chicago, Ill. (and Brown, Jackson, Boettcher & Dienner, of Chicago, Ill., and Marshall, Melhorn, Marlar & Martin, of Toledo, Ohio, on the brief), for appellant.

Charles Neave, of New York City (J. L. Stackpole and H. L. Kirkpatrick, both of Boston, Mass., and Braselton, Whitcomb & Davies, of Toledo, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

In a suit brought by the appellant as plaintiff below for infringement of Ricardo patent No. 1,474,003, for an internal combustion engine, the District Court found no infringement in the defendant's accused engine, made no decision as to patent validity, and dismissed the bill. The plaintiff appeals.

The patent relates to internal combustion engines of the four-cycle constant volume type, operating on the so-called Otto principle, which...

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