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STEEL & TUBES v. CLAYTON MARK & CO.

No. 1061.

21 F.Supp. 326 (1937)

STEEL & TUBES, Inc., v. CLAYTON MARK & CO.

District Court, D. Delaware.

July 30, 1937.

Attorney(s) appearing for the Case

Howard Duane, of Wilmington, Del., and Drury W. Cooper and Ernest D. Given (of Cooper, Kerr & Dunham), all of New York City, for plaintiff.

Arthur G. Logan and Josiah Marvel, Jr. (of Marvel, Morford, Ward & Logan), all of Wilmington, Del., Clarence D. Kerr and Charles H. Walker (of Fish, Richardson & Neave), all of New York City, and Walter J. Blenko (of Stebbins, Blenko & Parmelee), all of Pittsburgh, Pa., for defendant.

NIELDS, District Judge.

This is a patent infringement suit of Steel & Tubes, Inc., plaintiff against Clayton Mark & Co., defendant. The bill of complaint charges defendant with infringement of two letters patent.

1. Patent No. 1,388,434, granted August 23, 1921, to Gustav V. Johnston for "Method & Apparatus for Butt-Welding Thin-Gage Tubing," with claims 1 and 2 in suit.

2. Patent No. 1,611,875, granted December 28, 1926, to Harry Belmont...

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