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STANDARD PARTS, INC. v. TOLEDO PRESSED STEEL CO.

Nos. 7271, 7272.

93 F.2d 336 (1937)

STANDARD PARTS, Inc., v. TOLEDO PRESSED STEEL CO. HUEBNER SUPPLY CO. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1937.

Attorney(s) appearing for the Case

W. P. Bair, of Chicago, Ill. (Bair, Freeman & Sinclair, of Des Moines, Iowa, Holloway, Peppers & Romanoff, of Toledo, Ohio, Will Freeman, of Chicago, Ill., and W. R. Peppers, of Toledo, Ohio, on the brief), for appellants.

Wilber Owen, of Toledo, Ohio (and Owen & Owen, of Toledo, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The Withrow and Close patent in suit, No. 1,732,708, issued October 22, 1929, relates to construction torches and truck flares for use as outdoor warning signals and adapted to emit luminescent flame protected from wind and rain. The appellants are dealers in flares competing with those made under the patent, and appeal from decrees sustaining its validity and granting relief for its infringement.

The only difference between a torch...

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