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TIMKEN-DETROIT AXLE CO. v. AUTOMOTIVE PARTS CO.

No. 7698.

93 F.2d 76 (1937)

TIMKEN-DETROIT AXLE CO. v. AUTOMOTIVE PARTS CO.

Circuit Court of Appeals, Sixth Circuit.

December 9, 1937.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (Wm. A. Strauch, of Washington, D. C., Richey & Watts, of Cleveland, Ohio, and Strauch & Hoffman, of Washington, D. C., on the brief), for appellant.

Arthur C. Denison, of Cleveland, Ohio (Fay, Oberlin & Fay and Baker, Hostetler, Sidlo & Patterson, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

There being no evidence in the record on the former appeal of any replacements of special parts or of the circumstances under which any part had been sold, this court set aside the injunction and remanded the cause to the District Court to hear proofs and determine whether the carrying out of the defendant's intention, as alleged in its answer, to continue to supply parts for corresponding parts in the patented construction would constitute...

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