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VULCAN CORPORATION v. UNITED SHOE MACHINERY CORP.

No. 6836.

82 F.2d 195 (1936)

VULCAN CORPORATION v. UNITED SHOE MACHINERY CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1936.

Attorney(s) appearing for the Case

Dean S. Edmonds, of New York City (Allen & Allen, of Cincinnati, Ohio, and Pennie, Davis, Marvin & Edmonds and Leslie B. Young, all of New York City, on the brief), for appellant.

Hector M. Holmes, of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., and Bennett R. Knight, of Cincinnati, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

The patent in suit, Russ No. 1,528,345, was held valid against two asserted prior uses in United Shoe Machinery Corporation v. Day Wood Heel Co., 46 F.2d 897 (C.C.A.6). Following the decision in that case, the United Shoe Machinery Corporation, the plaintiff there, brought this suit for infringement of the patent against the appellant, Vulcan Corporation. The defenses were noninfringement and anticipation by...

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